ADA “Qualified Individual” at the Time of Termination and No Per Se “100% Healed” Liability Without a Companywide Policy Introduction In Craige Robinson v. Mountaire Farms of North Carolina Corp....
Rape-Based Asylum Claims Require Case-Specific Proof of “Nexus,” Not Gender Assumptions Introduction In Maria Cortez Pineda v. Pamela Jo Bondi, Attorney General (4th Cir. Feb. 4, 2026) (unpublished),...
Mandate Rule Limits Post-Remand Appeals to the New Sentence, with Plain-Error Review of Unobjected Supervised-Release Conditions Introduction United States v. Larry Pyos, Jr. (4th Cir. Feb. 4, 2026)...
Fourth Circuit: Stale-Impeachment Limits for Cooperators, Constructive Possession Proof for Stash-House Guns, and Post-Arrest Concealment as Obstruction Case: United States v. Lawrence Jones (No....
Equal-Protection “Discriminatory Barrier” Standing and Ripeness in Local Permitting: No Permit Denial Required Where Plaintiff Is “Able and Ready” and Application Would Be Futile 1. Introduction In...
Rule 1006 Summaries Must Be Non-Argumentative: “Notes” Commentary Crosses the Line (But Plain-Error Relief Requires Prejudice) Introduction In United States v. Jacky McComber (4th Cir. Feb. 2, 2026)...
United States v. Celedon: Heightened Explanation Required for Statutory-Maximum, Above-Range Revocation Sentences—Courts Must Address Nonfrivolous Mitigation Bearing on “Breach of Trust” Court: U.S....
Fourth Circuit Tightens Standing for Institutional-Reform Suits: PAIMI Protection & Advocacy Systems Lack Hunt-Style Associational Standing Absent Member-Control Indicia; Resource Diversion and...
Subjective Interview Assessments and “Plainly Superior” Qualifications: Limits on Proving ADEA Pretext in Failure-to-Hire Cases I. Introduction In Jeffrey Turner v. Town of Narrows (4th Cir. Jan. 28,...
Pendent Appellate Jurisdiction in Injunction Appeals and the Fourth Circuit’s Smith/Garcetti Validation of School Gender-Identity Guidelines I. Introduction Kimberly Ann Polk v. Montgomery County...
Revocation Sentencing After Esteras: “Respect for the Law” and “Just Punishment” Are Permissible Only When Tied to Supervised-Release Violations, Not Retribution for the Underlying Conviction I....
Ambiguous Bankruptcy Proofs of Claim Do Not Trigger MPPAA Notice/Demand or Acceleration Case: International Painters and Allied Trades Industry Pension Fund v. Florida Glass of Tampa Bay, Inc. (4th...
Rule 60(b)(6) as the Exclusive Gateway to Reopen a Closed Case (Not Rule 54(b))—and Belated United States v. Georgia Theories Are Not “Extraordinary Circumstances” Case: Frederick Allen v. Joshua...
APA Jurisdiction Bar to Injunctions Compelling Federal Grant Disbursements: Grant-Freezes and Terminations Sounding in Contract Must Proceed Under the Tucker Act Case: Solutions in Hometown...
United States v. Jacobs: As-Applied Challenges to § 922(g)(9) Survive Categorical Foreclosure and Require Post-Rahimi Factfinding Court: U.S. Court of Appeals for the Fourth Circuit Date: January 21,...
§ 1958 Murder-for-Hire Does Not Require an Actual Murder-for-Hire Agreement—So Convictions for Both Murder-for-Hire and Conspiracy to Commit Murder-for-Hire Do Not Violate Double Jeopardy Case:...
Substantive Murder-for-Hire Under 18 U.S.C. § 1958 Requires No Actual Agreement: Separate Offenses for Double Jeopardy Purposes I. Introduction In United States v. Nelson Evans (consolidated with...
Guidelines Career-Offender Miscalculation Is Harmless Where the District Court Announces an Alternative § 3553(a) Variance and the Sentence Is Substantively Reasonable Introduction In United States...
Sensitive Places After Bruen in the Fourth Circuit: Sensitive-Place Analysis at Bruen Step Two, a Proprietary-Property Rule for Public Transit, and Invalidating “Opt-In” Carry on Public-Facing...
No “Agreement Element” in 18 U.S.C. § 1958: Separate Murder-for-Hire and Conspiracy Convictions Survive Double Jeopardy Case: United States v. Jaquate Simpson (consolidated appeals including United...