“Arising Out Of” Additional-Insured Indemnity in North Carolina Requires Only a Causal Nexus—Not Subcontractor Fault Case: APAC-Atlantic, Incorporated v. Owners Insurance Company (4th Cir. Feb. 18,...
Hallmark Threats and Coercive Campaign Conduct Justify a Category II Gissel Bargaining Order Despite an Election Loss 1. Introduction NLRB v. Garten Trucking LC (4th Cir. Feb. 18, 2026) is an...
United States v. Daqua Ritter: But-For Causation Under § 249(a)(2) and Fowler’s “Reasonable Likelihood” Nexus for § 1512(b)(3) Introduction In United States v. Daqua Ritter (4th Cir. Feb. 18, 2026),...
Hallmark Threats and Coercive Campaign Conduct Support a Gissel Bargaining Order Despite an Election Loss Introduction In Garten Trucking LC v. NLRB (4th Cir. Feb. 18, 2026) (unpublished), the Fourth...
Accession HIV Ban Upheld Under “Deferential Rational Basis” in the Military Context (Distinguishing Roe v. Department of Defense) Court: United States Court of Appeals for the Fourth Circuit Case:...
Identified In-Person Informant Tips, Mission-Related Terry Detentions, and Voluntary Consent After Initial Refusal Case: United States v. Javon Jenkins (4th Cir. Feb. 18, 2026) (unpublished) Posture:...
Leaving Separation Doors Open Between “Safekeepers” and General Population Can Support Eighth Amendment Deliberate Indifference and Defeat Qualified Immunity; Rule 6(b) Excusable-Neglect Standard...
Fourth Circuit Tightens PSLRA Scienter Pleading: No “Strong Inference” from Say-on-Pay Timing, Margin Focus, Modest Restatement Size, or Executive Departures Without Particularized Knowledge...
No “Default Dismissal” Under Rule 12(b)(6): Unopposed Motions Still Require Merits Review in the Fourth Circuit Case: Janet Guzman v. Acuarius Night Club LLC (4th Cir. Feb. 13, 2026) (published) —...
Lopez v. Bondi: CAT Remand Orders Can Be “Final Orders of Removal,” and § 1432(a)(3) Requires Paternity Be Established By Legitimation (Not Mere Acknowledgment) Court: U.S. Court of Appeals for the...
Finality Despite CAT Remands & “Paternity … Established by Legitimation” Under Former 8 U.S.C. § 1432(a)(3) 1. Introduction In Mario Lopez v. Pamela Bondi (4th Cir. Feb. 13, 2026), the Fourth Circuit...
Preserving Evidentiary Error Requires a Trial Proffer Despite Anticipated Objections Case: Christine Gibbons v. Betty Gibbs Court: Court of Appeals for the Fourth Circuit Date: 2026-02-11 1....
Lowy v. Daniel Defense: Article III Traceability May Be Shown by a “Predictable Effect” on Third-Party Conduct, and Merits Rulings Are Void After a Jurisdictional Dismissal Court: United States Court...
Bad Faith Stay Relief in § 524(g) Cases Requires Both Subjective Bad Faith and Objective Futility Case: Michael Herlihy v. DBMP, LLC (No. 24-2109) — United States Court of Appeals for the Fourth...
Pleading Article III Standing Requires Factual Allegations in the Operative Complaint; Failure Requires Jurisdictional Dismissal Without Prejudice Introduction In John Pendarvis v. Alan Wilson (4th...
Rule 23(c)(1)(A) Governs Pleading-Stage Motions to Deny Class Certification; Pre-Discovery Denial Allowed Only for Facial Rule 23 Failure Case: Laquita Oliver v. Navy Federal Credit Union (4th Cir....
Fourth Circuit Limits Pre-Enforcement Review of DEI Executive Orders: No Standing for Intra-Governmental Reporting; Funding Termination and DEI-Illegality Certifications Not Facially Unconstitutional...
Fourth Circuit Adopts the “Impermissible Collateral Attack” Bar: FAA Exclusivity Precludes Post-Arbitration Due-Process and Tort Claims Seeking to Undo Accreditation Withdrawals 1. Introduction In...
Aggravated Identity Theft After Dubin: Identity Use Must Be the “Crux” of the Charged Predicate Offense, Not Merely Part of a Broader Scheme I. Introduction In United States v. Jennifer McDonald (4th...
Reasonable Suspicion from Identified 911 Assault Tip Supports Detention of a Specifically Described Vehicle’s Occupants—Even When Only the Driver Is Visible Introduction In United States v. Jorge...