APA Suits Cannot Reinstate Federal Grant Awards: Tucker Act Exclusivity and Strict Limits on Nonstatutory Ultra Vires Review Case: The Sustainability Institute v. Donald Trump, No. 25-1575 (4th Cir....
§ 1958 Murder-for-Hire Requires No Actual “Agreement” Element: Separate Convictions for § 1958 and § 1958 Conspiracy Survive Double Jeopardy I. Introduction In United States v. Landis Jackson...
“Logically or Causally Related” D&O Claims: Public Forecast Misstatements and Revenue Pull-Forwards Treated as One Claim Case: Navigators Insurance Company v. Under Armour, Incorporated Court: United...
Sensitive-Place Challenges Proceed at Bruen Step Two; Government-as-Proprietor May Ban Firearms; “Default No-Carry” Rule for Public-Access Private Property Is Unconstitutional 1. Introduction In this...
Fourth Circuit Clarifies “Sensitive Places” as a Bruen Step-Two Inquiry and Recognizes a Second Amendment Proprietary-Property Rule Case: Susannah Kipke v. Wes Moore (consolidated cross-appeals)...
Due Process Is Satisfied Where an Indictment Charges the Offense and the Defendant Has Actual Notice of an Alternative “Means” Theory; Variance Is Not Prejudicial Absent Hindrance to the Defense...
Sensitive Places at Bruen Step Two and the Government-as-Proprietor Rule: Fourth Circuit Upholds Most Maryland Carry Bans but Strikes “Opt-In” Default on Public-Facing Private Property Court: United...
Nonreporting and Speculative Collusion Allegations Do Not Satisfy the “Unable or Unwilling” Government-Protection Element in Gang-Threat Asylum Claims Case: Karla Cruz De Saenz v. Pamela Bondi Court:...
When Standing Is Raised First on Appeal, the Fourth Circuit Will Remand for a Fact-Built Record on Informational Injury Under the NVRA I. Introduction In Public Interest Legal Foundation, Inc. v....
Pulmonary Function Tests in Black Lung Claims: Claim-Developed Studies Require Only “Substantial Compliance,” While Treatment-Record Studies Are Weighed for “Reliability” Introduction In Clinchfield...
Interlocutory Benefits Review Board Orders Merge into Final Orders and Become Reviewable Under the Black Lung Benefits Act I. Introduction Case: Dominion Coal Corporation v. DOWCP (4th Cir. Jan. 15,...
United States v. Charmaine Brown: Rule 29 Forfeiture, Necessity as a Jury Question, and Plain-Error Limits on Out-of-Circuit Theories Introduction In United States v. Charmaine Brown (4th Cir. Jan....
FLSA Overtime Remedies Are Exclusive: NCWHA Payday Claims Cannot Repackage FLSA Overtime, and Signed Piece-Rate Terms Control Case: Osvaldo Figueroa v. Butterball, LLC (4th Cir. Jan. 13, 2026)...
Post-Pandemic ADA Telework: Repeated Failure to Appear or Communicate Defeats “Qualified Individual” Status (and One-Month Timing Alone Does Not Prove Retaliation) Case: Deanne Haggins v. Wilson Air...
First Step Act Time Credits Require Actual Participation; No Due Process Liberty Interest in Earning Credits During Non-Program Periods Case: William White v. Warden of Fed Correctional Ins -...
New Rogers-Error Sentence Vacatur on Remand: Unpronounced “Standard” Supervised-Release Conditions Require Full Resentencing, and the Mandate Rule Does Not Bar Challenges to a New Amended Judgment 1....
Bank-Employee Bribery After Snyder: Payments for Unauthorized Account-Opening Remain Bribes Under 18 U.S.C. § 215(a)(2), and “Accurately” Entered Fake Customer Data Is a False Bank Entry Under § 1005...
Andrews v. DeJoy: Notes, Scrutiny, and “Actual Knowledge” Are Not Enough—Title VII Retaliation Requires Evidence Linking Protected Activity to Discipline Where Performance Issues Predate the...
Criminal Land-Theft Motive Defeats Asylum Nexus to Family or “Male Landowner” Social Groups; Failure to Contest CAT Likelihood Is Dispositive I. Introduction In Victor Cerritos Rivas v. Pamela Bondi,...
United States v. Al‑Timimi: Fourth Circuit Requires Imminence or Specific Crime-Targeted Intent/Assistance Before Speech Loses First Amendment Protection Court: United States Court of Appeals for the...