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4th Circuit Case Commentaries

Forfeiture Is Not a “Fine” for Rule 11 Purposes: Fourth Circuit Upholds Plea Advisements, Enforces Appeal Waiver Over Forfeiture, and Reaffirms Bar on As‑Applied § 922(g)(1) Challenges

Forfeiture Is Not a “Fine” for Rule 11 Purposes: Fourth Circuit Upholds Plea Advisements, Enforces Appeal Waiver Over Forfeiture, and Reaffirms Bar on As‑Applied § 922(g)(1) Challenges

Date: Nov 18, 2025
Forfeiture Is Not a “Fine” for Rule 11 Purposes: Fourth Circuit Upholds Plea Advisements, Enforces Appeal Waiver Over Forfeiture, and Reaffirms Bar on As‑Applied § 922(g)(1) Challenges Introduction...
Forfeiture Is Not a “Fine” for Rule 11 Purposes: The Fourth Circuit Clarifies Plea Colloquy Advisements and Appeal-Waiver Limits in United States v. Johnson

Forfeiture Is Not a “Fine” for Rule 11 Purposes: The Fourth Circuit Clarifies Plea Colloquy Advisements and Appeal-Waiver Limits in United States v. Johnson

Date: Nov 18, 2025
Forfeiture Is Not a “Fine” for Rule 11 Purposes: The Fourth Circuit Clarifies Plea Colloquy Advisements and Appeal-Waiver Limits in United States v. Johnson Court: United States Court of Appeals for...
Alternative-Variance “Safety Valve”: The Fourth Circuit Reaffirms That an Explicit, Well‑Reasoned Alternative Sentence Can Neutralize a Guidelines Miscalculation on Plain‑Error Review

Alternative-Variance “Safety Valve”: The Fourth Circuit Reaffirms That an Explicit, Well‑Reasoned Alternative Sentence Can Neutralize a Guidelines Miscalculation on Plain‑Error Review

Date: Nov 18, 2025
Alternative-Variance “Safety Valve”: The Fourth Circuit Reaffirms That an Explicit, Well‑Reasoned Alternative Sentence Can Neutralize a Guidelines Miscalculation on Plain‑Error Review Introduction...
Post-Loper Bright CIMT Doctrine: Knowing Receipt of Stolen Property Categorically Involves Moral Turpitude

Post-Loper Bright CIMT Doctrine: Knowing Receipt of Stolen Property Categorically Involves Moral Turpitude

Date: Nov 16, 2025
Post-Loper Bright CIMT Doctrine: Knowing Receipt of Stolen Property Categorically Involves Moral Turpitude Introduction In Cesar Solis-Flores v. Pamela Jo Bondi, the Fourth Circuit revisited whether...
Extreme Speeding, Without Specific Warnings or Other Aggravating Factors, Is Not Willful and Wanton Negligence Under Virginia Law

Extreme Speeding, Without Specific Warnings or Other Aggravating Factors, Is Not Willful and Wanton Negligence Under Virginia Law

Date: Nov 16, 2025
Extreme Speeding, Without Specific Warnings or Other Aggravating Factors, Is Not Willful and Wanton Negligence Under Virginia Law Introduction In Vasterling v. Dirle, No. 23-1702 (4th Cir. Nov. 12,...
Partial Disclosure Triggers Inquiry Notice: Fourth Circuit Clarifies Tolling, Accrual, and Unjust Enrichment in Mission Integrated Technologies, LLC v. Clemente

Partial Disclosure Triggers Inquiry Notice: Fourth Circuit Clarifies Tolling, Accrual, and Unjust Enrichment in Mission Integrated Technologies, LLC v. Clemente

Date: Nov 16, 2025
Partial Disclosure Triggers Inquiry Notice: Fourth Circuit Clarifies Tolling, Accrual, and Unjust Enrichment in Mission Integrated Technologies, LLC v. Clemente Introduction This published Fourth...
Pretext Requires More Than Stray Remarks and Dissimilar Comparators: Fourth Circuit Clarifies Title VII Summary Judgment Standards

Pretext Requires More Than Stray Remarks and Dissimilar Comparators: Fourth Circuit Clarifies Title VII Summary Judgment Standards

Date: Nov 11, 2025
Pretext Requires More Than Stray Remarks and Dissimilar Comparators: Fourth Circuit Clarifies Title VII Summary Judgment Standards Introduction In Derek Chapman v. Maryland Department of State...
Aggregation Controls FSA Credits: Any Disqualifying Conviction Bars First Step Act Time Credits for the Entire Aggregate Term (Bonnie v. Dunbar, 4th Cir. 2025)

Aggregation Controls FSA Credits: Any Disqualifying Conviction Bars First Step Act Time Credits for the Entire Aggregate Term (Bonnie v. Dunbar, 4th Cir. 2025)

Date: Nov 7, 2025
Aggregation Controls FSA Credits: Any Disqualifying Conviction Bars First Step Act Time Credits for the Entire Aggregate Term Commentary on Gregory Allen Bonnie v. Warden Dunbar, No. 24-6665 (4th...
Post‑Hoc Alternative Grounds Do Not Cure Fabrications: Fourth Circuit Affirms Frivolous Asylum Finding and Demands Individualized Proof for Withholding/CAT Remands

Post‑Hoc Alternative Grounds Do Not Cure Fabrications: Fourth Circuit Affirms Frivolous Asylum Finding and Demands Individualized Proof for Withholding/CAT Remands

Date: Nov 7, 2025
Post‑Hoc Alternative Grounds Do Not Cure Fabrications: Fourth Circuit Affirms Frivolous Asylum Finding and Demands Individualized Proof for Withholding/CAT Remands Case: Gurwinder Singh v. Pamela Jo...
De Novo, Not Clear Error: Fourth Circuit Requires BIA to Review Application of the § 1101(f)(6) False-Testimony Bar De Novo and Reaffirms Jurisdiction over Mixed Questions Post-Wilkinson

De Novo, Not Clear Error: Fourth Circuit Requires BIA to Review Application of the § 1101(f)(6) False-Testimony Bar De Novo and Reaffirms Jurisdiction over Mixed Questions Post-Wilkinson

Date: Nov 7, 2025
De Novo, Not Clear Error: Fourth Circuit Requires BIA to Review Application of the § 1101(f)(6) False-Testimony Bar De Novo and Reaffirms Jurisdiction over Mixed Questions Post-Wilkinson Introduction...
No Civil Conspiracy Without an Independently Actionable Predicate; Interference with Parental Rights Requires Actual Removal from Custody

No Civil Conspiracy Without an Independently Actionable Predicate; Interference with Parental Rights Requires Actual Removal from Custody

Date: Nov 3, 2025
No Civil Conspiracy Without an Independently Actionable Predicate; Interference with Parental Rights Requires Actual Removal from Custody Case: Amy Kissinger-Stankevitz v. Town of Tappahannock, et...
Fourth Circuit Holds that a Principal Officer’s Ratification Cures Appointments Clause Defects in Rulemaking and Is Not Impermissibly Retroactive

Fourth Circuit Holds that a Principal Officer’s Ratification Cures Appointments Clause Defects in Rulemaking and Is Not Impermissibly Retroactive

Date: Nov 3, 2025
Fourth Circuit Holds that a Principal Officer’s Ratification Cures Appointments Clause Defects in Rulemaking and Is Not Impermissibly Retroactive Case: Eliza Wille v. Howard Lutnik (and related...
No More Boilerplate: Fourth Circuit Requires Meaningful Engagement with Country‑Conditions Evidence in Gender‑Based Asylum and CAT Claims

No More Boilerplate: Fourth Circuit Requires Meaningful Engagement with Country‑Conditions Evidence in Gender‑Based Asylum and CAT Claims

Date: Nov 3, 2025
No More Boilerplate: Fourth Circuit Requires Meaningful Engagement with Country‑Conditions Evidence in Gender‑Based Asylum and CAT Claims Introduction In Reyna Alfaro‑Zelaya v. Bondi, the Fourth...
United States v. Cuellar: Fourth Circuit Reaffirms Co‑Conspirator Drug Quantity Attribution and the Presumption of Reasonableness for Below‑Guidelines Sentences

United States v. Cuellar: Fourth Circuit Reaffirms Co‑Conspirator Drug Quantity Attribution and the Presumption of Reasonableness for Below‑Guidelines Sentences

Date: Nov 3, 2025
United States v. Cuellar: Fourth Circuit Reaffirms Co‑Conspirator Drug Quantity Attribution and the Presumption of Reasonableness for Below‑Guidelines Sentences Court: United States Court of Appeals...
Fourth Circuit Confirms No Financial-Distress Prerequisite for Bankruptcy Court Jurisdiction: En Banc Rehearing Denied in Bestwall (Texas Two‑Step Context)

Fourth Circuit Confirms No Financial-Distress Prerequisite for Bankruptcy Court Jurisdiction: En Banc Rehearing Denied in Bestwall (Texas Two‑Step Context)

Date: Nov 2, 2025
Fourth Circuit Confirms No Financial-Distress Prerequisite for Bankruptcy Court Jurisdiction: En Banc Rehearing Denied in Bestwall (Texas Two‑Step Context) Introduction In Bestwall LLC v. Official...
No “Multiplicative” Preliminary Injunction Standard: Fourth Circuit Denies Shutdown-Based Extension to Fast-Track Clarification in AFT v. Bessent

No “Multiplicative” Preliminary Injunction Standard: Fourth Circuit Denies Shutdown-Based Extension to Fast-Track Clarification in AFT v. Bessent

Date: Nov 1, 2025
No “Multiplicative” Preliminary Injunction Standard: Fourth Circuit Denies Shutdown-Based Extension to Fast-Track Clarification in AFT v. Bessent Introduction In American Federation of Teachers v....
Order-by-Order CSA Compliance and Monetary Abatement: Fourth Circuit Holds Opioid Distribution Can Constitute a Public Nuisance Under West Virginia Law

Order-by-Order CSA Compliance and Monetary Abatement: Fourth Circuit Holds Opioid Distribution Can Constitute a Public Nuisance Under West Virginia Law

Date: Oct 31, 2025
Order-by-Order CSA Compliance and Monetary Abatement: Fourth Circuit Holds Opioid Distribution Can Constitute a Public Nuisance Under West Virginia Law Case: City of Huntington, West Virginia &...
West Virginia Public Nuisance Law Embraces Opioid Distribution Claims and Permits Monetary Abatement: City of Huntington v. AmerisourceBergen (4th Cir. 2025)

West Virginia Public Nuisance Law Embraces Opioid Distribution Claims and Permits Monetary Abatement: City of Huntington v. AmerisourceBergen (4th Cir. 2025)

Date: Oct 31, 2025
West Virginia Public Nuisance Law Embraces Opioid Distribution Claims and Permits Monetary Abatement: City of Huntington v. AmerisourceBergen (4th Cir. 2025) Introduction In City of Huntington, West...
The “Middle Ground” Standard for Medical Rebuttal: Fourth Circuit Upholds ALJ’s Use of the 2000 Preamble as Guidance and Requires Individualized, Literature-Grounded Expert Opinions in Black Lung Cases

The “Middle Ground” Standard for Medical Rebuttal: Fourth Circuit Upholds ALJ’s Use of the 2000 Preamble as Guidance and Requires Individualized, Literature-Grounded Expert Opinions in Black Lung Cases

Date: Oct 31, 2025
The “Middle Ground” Standard for Medical Rebuttal: Fourth Circuit Upholds ALJ’s Use of the 2000 Preamble as Guidance and Requires Individualized, Literature-Grounded Expert Opinions in Black Lung...
No Advisory Opinions After Supervision Ends; PLRA Screenings Must Distinguish Absolute vs. Qualified Immunity and Substantive vs. Procedural Due Process (Crowder v. Herman)

No Advisory Opinions After Supervision Ends; PLRA Screenings Must Distinguish Absolute vs. Qualified Immunity and Substantive vs. Procedural Due Process (Crowder v. Herman)

Date: Oct 31, 2025
No Advisory Opinions After Supervision Ends; PLRA Screenings Must Distinguish Absolute vs. Qualified Immunity and Substantive vs. Procedural Due Process Crowder v. Herman, No. 24-6674 (4th Cir. Oct....
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