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  • Commentaries
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4th Circuit Case Commentaries

Ensuring Definiteness in Oral Agreements and Viability of Quantum Meruit Claims Under California Law

Ensuring Definiteness in Oral Agreements and Viability of Quantum Meruit Claims Under California Law

Date: Apr 24, 2025
Ensuring Definiteness in Oral Agreements and Viability of Quantum Meruit Claims Under California Law Introduction 3074 Centreville LLC v. M.A. Cohen & Co., Inc. (Fourth Cir. Apr. 23, 2025) addresses...
Owners Insurance Co. v. Walsh: Non-Stacking of UIM Benefits When No Scheduled Vehicle Is Involved

Owners Insurance Co. v. Walsh: Non-Stacking of UIM Benefits When No Scheduled Vehicle Is Involved

Date: Apr 24, 2025
Owners Insurance Co. v. Walsh: Non-Stacking of UIM Benefits When No Scheduled Vehicle Is Involved Introduction Owners Insurance Company v. Jeffrey Walsh is a 2025 Fourth Circuit decision clarifying...
Prima Facie “Strong Likelihood” Standard for Reopening Removal Proceedings to Pursue Post-Proceedings Marriage-Based Adjustment of Status

Prima Facie “Strong Likelihood” Standard for Reopening Removal Proceedings to Pursue Post-Proceedings Marriage-Based Adjustment of Status

Date: Apr 23, 2025
Prima Facie “Strong Likelihood” Standard for Reopening Removal Proceedings to Pursue Post-Proceedings Marriage-Based Adjustment of Status Introduction The consolidated appeals in Ansar Hussen Hussen...
Fourth Circuit Clarifies Prima Facie Standard for Reopening Removal Proceedings Based on Bona Fide Marriage

Fourth Circuit Clarifies Prima Facie Standard for Reopening Removal Proceedings Based on Bona Fide Marriage

Date: Apr 23, 2025
Fourth Circuit Clarifies Prima Facie Standard for Reopening Removal Proceedings Based on Bona Fide Marriage Introduction This commentary examines the United States Court of Appeals for the Fourth...
Affirming Forum Non Conveniens Dismissal Against Defaulting Foreign Sovereign Defendants

Affirming Forum Non Conveniens Dismissal Against Defaulting Foreign Sovereign Defendants

Date: Apr 23, 2025
Affirming Forum Non Conveniens Dismissal Against Defaulting Foreign Sovereign Defendants Introduction This commentary examines the Fourth Circuit’s April 22, 2025 opinion in AdvanFort Company v....
Clarifying the Prima Facie Standard for Reopening Removal Proceedings Based on Subsequent Bona Fide Marriages

Clarifying the Prima Facie Standard for Reopening Removal Proceedings Based on Subsequent Bona Fide Marriages

Date: Apr 23, 2025
Clarifying the Prima Facie Standard for Reopening Removal Proceedings Based on Subsequent Bona Fide Marriages Introduction This case arises from petitions for review brought by Ansar Hassen Hussen,...
Defining “Extreme Deprivation”: Eighth Amendment Conditions of Confinement and Qualified Immunity for Hospitalized Inmates

Defining “Extreme Deprivation”: Eighth Amendment Conditions of Confinement and Qualified Immunity for Hospitalized Inmates

Date: Apr 22, 2025
Defining “Extreme Deprivation”: Eighth Amendment Conditions of Confinement and Qualified Immunity for Hospitalized Inmates Introduction Derrick Coleman and Tangy Coleman (collectively, “Appellants”)...
Res Gestae Evidence and Anonymous Jury Safeguards in Federal Threat Prosecutions: United States v. Beeman

Res Gestae Evidence and Anonymous Jury Safeguards in Federal Threat Prosecutions: United States v. Beeman

Date: Apr 19, 2025
Res Gestae Evidence and Anonymous Jury Safeguards in Federal Threat Prosecutions: United States v. Beeman Introduction United States v. Brock Beeman, decided by the Fourth Circuit on April 18, 2025,...
Limiting BIA Factfinding on Government Acquiescence in CAT Claims

Limiting BIA Factfinding on Government Acquiescence in CAT Claims

Date: Apr 19, 2025
Limiting BIA Factfinding on Government Acquiescence in CAT Claims Introduction Mirna Lisette Garay-Campos, a Salvadoran national, and her minor daughter sought asylum, withholding of removal, and...
Extension of Fiduciary Obligations Through Post-Closing Adjustment Period and Release Exception in Mergers

Extension of Fiduciary Obligations Through Post-Closing Adjustment Period and Release Exception in Mergers

Date: Apr 18, 2025
Extension of Fiduciary Obligations Through Post-Closing Adjustment Period and Release Exception in Mergers Introduction In Vincent P. Mona v. David F. McKay, the United States Court of Appeals for...
Fourth Circuit Clarifies Narrow Scope of Earmarking, Trust and §541(b)(1) Exclusions in Bankruptcy Estates

Fourth Circuit Clarifies Narrow Scope of Earmarking, Trust and §541(b)(1) Exclusions in Bankruptcy Estates

Date: Apr 18, 2025
Fourth Circuit Clarifies Narrow Scope of Earmarking, Trust and §541(b)(1) Exclusions in Bankruptcy Estates Introduction In In re: Star Development Group, LLC, the Fourth Circuit addressed whether $1...
FTCA Judgment Bar Precludes Bivens Claims for the Same Underlying Conduct

FTCA Judgment Bar Precludes Bivens Claims for the Same Underlying Conduct

Date: Apr 17, 2025
FTCA Judgment Bar Precludes Bivens Claims for the Same Underlying Conduct Introduction The Fourth Circuit’s decision in Justin Longworth v. A. Mansukhani, 21-7609 (4th Cir. Apr. 16, 2025),...
Rejecting Presumptive Fee Matrix Reliance: Fourth Circuit’s Rule on FLSA Attorney’s Fees

Rejecting Presumptive Fee Matrix Reliance: Fourth Circuit’s Rule on FLSA Attorney’s Fees

Date: Apr 16, 2025
Rejecting Presumptive Fee Matrix Reliance: Fourth Circuit’s Rule on FLSA Attorney’s Fees Introduction In Arriaza De Paredes v. Zen Nails Studio LLC, the Fourth Circuit clarified the proper approach a...
Circumstantial Authentication of Video Evidence under Fed. R. Evid. 901 and Limits on Lay Opinion Identification: United States v. Sandoval-Rodriguez

Circumstantial Authentication of Video Evidence under Fed. R. Evid. 901 and Limits on Lay Opinion Identification: United States v. Sandoval-Rodriguez

Date: Apr 15, 2025
Circumstantial Authentication of Video Evidence under Fed. R. Evid. 901 and Limits on Lay Opinion Identification: United States v. Sandoval-Rodriguez Introduction The Fourth Circuit’s unpublished...
Demand-Triggered Default Interest and Inclusive Fee-Shifting in Commercial Leases: NCO Financial Systems, Inc. v. Montgomery Park, LLC

Demand-Triggered Default Interest and Inclusive Fee-Shifting in Commercial Leases: NCO Financial Systems, Inc. v. Montgomery Park, LLC

Date: Apr 15, 2025
Demand-Triggered Default Interest and Inclusive Fee-Shifting in Commercial Leases: NCO Financial Systems, Inc. v. Montgomery Park, LLC Introduction This commentary examines the Fourth Circuit’s...
Ensuring Knowing and Voluntary Appeal Waivers in Plea Agreements: The Severance Remedy and Miscarriage of Justice Exception

Ensuring Knowing and Voluntary Appeal Waivers in Plea Agreements: The Severance Remedy and Miscarriage of Justice Exception

Date: Apr 15, 2025
Ensuring Knowing and Voluntary Appeal Waivers in Plea Agreements: The Severance Remedy and Miscarriage of Justice Exception Introduction United States v. Quamaine Smith is a Fourth Circuit decision...
Enforcement of Certified-Mail Notice and Non-Waiver Clauses in Contract Terminations

Enforcement of Certified-Mail Notice and Non-Waiver Clauses in Contract Terminations

Date: Apr 15, 2025
Enforcement of Certified-Mail Notice and Non-Waiver Clauses in Contract Terminations Introduction The dispute in Curtis Lawrence v. DAP Products, Inc. (4th Cir. Apr. 14, 2025) arose when DAP...
Clarifying “Causing” Under U.S.S.G. §2G2.2(c)(1): Temporal Nexus Requirement in Child Exploitation Sentencing

Clarifying “Causing” Under U.S.S.G. §2G2.2(c)(1): Temporal Nexus Requirement in Child Exploitation Sentencing

Date: Apr 15, 2025
Clarifying “Causing” Under U.S.S.G. §2G2.2(c)(1): Temporal Nexus Requirement in Child Exploitation Sentencing Introduction In United States v. Luis Ramirez Avila (4th Cir. 2025), the Fourth Circuit...
Subjective Knowledge of Unauthorized Conduct Required for Conviction under 21 U.S.C. § 841

Subjective Knowledge of Unauthorized Conduct Required for Conviction under 21 U.S.C. § 841

Date: Apr 12, 2025
Subjective Knowledge of Unauthorized Conduct Required for Conviction under 21 U.S.C. § 841 Introduction The Fourth Circuit’s decision in United States v. George P. Naum, III, 20-4133 (4th Cir. Apr....
Permissible Accent-Based Peremptory Challenges and Eleven-Member Jury Procedure Under Federal Rule 23(b)

Permissible Accent-Based Peremptory Challenges and Eleven-Member Jury Procedure Under Federal Rule 23(b)

Date: Apr 11, 2025
Permissible Accent-Based Peremptory Challenges and Eleven-Member Jury Procedure Under Federal Rule 23(b) Introduction United States v. Oscar Sorto Romero is a published decision of the Fourth...
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