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4th Circuit Case Commentaries

Actual Knowledge Requirement for Beneficiary Bank Liability under UCC §4A-207(b)

Actual Knowledge Requirement for Beneficiary Bank Liability under UCC §4A-207(b)

Date: Apr 3, 2025
Actual Knowledge Requirement for Beneficiary Bank Liability under UCC §4A-207(b) Introduction Studco Building Systems US, LLC (“Studco”) sued 1st Advantage Federal Credit Union (“1st Advantage”)...
District Court Authority to Deny Reconsideration Motions Under Fed. R. Crim. P. 37 During a Pending Appeal

District Court Authority to Deny Reconsideration Motions Under Fed. R. Crim. P. 37 During a Pending Appeal

Date: Apr 3, 2025
District Court Authority to Deny Reconsideration Motions Under Fed. R. Crim. P. 37 During a Pending Appeal Introduction United States v. Telly Armstrong is an appeal from the denial of a...
Bank Liability Under UCC 4A-207: Actual Knowledge Required for Misdescribed ACH Transfers

Bank Liability Under UCC 4A-207: Actual Knowledge Required for Misdescribed ACH Transfers

Date: Apr 3, 2025
Bank Liability Under UCC 4A-207: Actual Knowledge Required for Misdescribed ACH Transfers Introduction This commentary examines the Fourth Circuit’s decision in Studco Building Systems US, LLC v. 1st...
Sines v. Spencer: Fourth Circuit Reaffirms Strict Rule 50 Renewal Requirement and Limits on Unpreserved Civil Arguments on Appeal

Sines v. Spencer: Fourth Circuit Reaffirms Strict Rule 50 Renewal Requirement and Limits on Unpreserved Civil Arguments on Appeal

Date: Mar 28, 2025
Sines v. Spencer: Fourth Circuit Reaffirms Strict Rule 50 Renewal Requirement and Limits on Unpreserved Civil Arguments on Appeal Court: United States Court of Appeals for the Fourth Circuit...
Full Retroactive Effect of Amendment 821: Fourth Circuit Requires Recalculation of Interacting Guideline Components in § 3582(c)(2) Proceedings

Full Retroactive Effect of Amendment 821: Fourth Circuit Requires Recalculation of Interacting Guideline Components in § 3582(c)(2) Proceedings

Date: Mar 28, 2025
Full Retroactive Effect of Amendment 821: Fourth Circuit Requires Recalculation of Interacting Guideline Components in § 3582(c)(2) Proceedings Introduction In United States v. Melissa Barrett (4th...
Operative-at-Filing Arbitration Clauses and Clause‑Specific Review: Fourth Circuit Enforces Suddenlink’s 2021 RSA and Reaffirms FAA Severability

Operative-at-Filing Arbitration Clauses and Clause‑Specific Review: Fourth Circuit Enforces Suddenlink’s 2021 RSA and Reaffirms FAA Severability

Date: Mar 28, 2025
Operative-at-Filing Arbitration Clauses and Clause‑Specific Review: Fourth Circuit Enforces Suddenlink’s 2021 RSA and Reaffirms FAA Severability Introduction In a published decision consolidating...
Supersession and Severability in Consumer Arbitration: The Fourth Circuit Confirms Later-in-Time Arbitration Clauses Govern and Limits Courts to Clause-Specific Challenges

Supersession and Severability in Consumer Arbitration: The Fourth Circuit Confirms Later-in-Time Arbitration Clauses Govern and Limits Courts to Clause-Specific Challenges

Date: Mar 28, 2025
Supersession and Severability in Consumer Arbitration: The Fourth Circuit Confirms Later-in-Time Arbitration Clauses Govern and Limits Courts to Clause-Specific Challenges Case: Richard Chaty v....
Supersession and Severability in Consumer Arbitration: Fourth Circuit Holds Later‑in‑Time RSA Controls and Limits Unconscionability Review to Clause‑Specific Terms

Supersession and Severability in Consumer Arbitration: Fourth Circuit Holds Later‑in‑Time RSA Controls and Limits Unconscionability Review to Clause‑Specific Terms

Date: Mar 28, 2025
Supersession and Severability in Consumer Arbitration: Fourth Circuit Holds Later‑in‑Time RSA Controls and Limits Unconscionability Review to Clause‑Specific Terms Introduction In a published...
No Collateral-Order Appeals from Denials of Maryland Public-Official Immunity; Jail Operations Are Governmental; Pleading Suicide-Risk Deliberate Indifference

No Collateral-Order Appeals from Denials of Maryland Public-Official Immunity; Jail Operations Are Governmental; Pleading Suicide-Risk Deliberate Indifference

Date: Mar 27, 2025
No Collateral-Order Appeals from Denials of Maryland Public-Official Immunity; Jail Operations Are Governmental; Pleading Suicide-Risk Deliberate Indifference Introduction In Edward Gelin v....
Harmless Error in Denying Rule 15(d) Supplements; Whitley/Martin Reaffirmed in OC-Spray and Prison Retaliation Claims

Harmless Error in Denying Rule 15(d) Supplements; Whitley/Martin Reaffirmed in OC-Spray and Prison Retaliation Claims

Date: Mar 26, 2025
Harmless Error in Denying Rule 15(d) Supplements; Whitley/Martin Reaffirmed in OC-Spray and Prison Retaliation Claims Introduction In this unpublished per curiam decision, the Fourth Circuit affirmed...
Identity by Modus Operandi and Post-Bruen Firearms Law: Fourth Circuit Upholds 404(b) Use of Uncharged Robberies and Implements Erlinger’s Jury-Finding Rule for ACCA “Occasions”

Identity by Modus Operandi and Post-Bruen Firearms Law: Fourth Circuit Upholds 404(b) Use of Uncharged Robberies and Implements Erlinger’s Jury-Finding Rule for ACCA “Occasions”

Date: Mar 26, 2025
Identity by Modus Operandi and Post-Bruen Firearms Law: Fourth Circuit Upholds 404(b) Use of Uncharged Robberies and Implements Erlinger’s Jury-Finding Rule for ACCA “Occasions” Introduction In...
Fourth Circuit Clarifies: Refusal to Obey Content‑Neutral Volume and Ejection Orders at Public Meetings Supplies Probable Cause and Supports Qualified Immunity

Fourth Circuit Clarifies: Refusal to Obey Content‑Neutral Volume and Ejection Orders at Public Meetings Supplies Probable Cause and Supports Qualified Immunity

Date: Mar 25, 2025
Fourth Circuit Clarifies: Refusal to Obey Content‑Neutral Volume and Ejection Orders at Public Meetings Supplies Probable Cause and Supports Qualified Immunity Introduction In Brooke N. Somers v....
Affirmation of Substantial Evidence in Minor Sex Trafficking Attempts: Clarifying Defendant Knowledge

Affirmation of Substantial Evidence in Minor Sex Trafficking Attempts: Clarifying Defendant Knowledge

Date: Mar 24, 2025
Affirmation of Substantial Evidence in Minor Sex Trafficking Attempts: Clarifying Defendant Knowledge Introduction The case of UNITED STATES OF AMERICA v. DANIEL ALAN PUFF, decided by the United...
Limiting Depositions of Corporate Director-Counsel and Excluding Unlawful Disclosures from ADEA Retaliation

Limiting Depositions of Corporate Director-Counsel and Excluding Unlawful Disclosures from ADEA Retaliation

Date: Mar 22, 2025
Limiting Depositions of Corporate Director-Counsel and Excluding Unlawful Disclosures from ADEA Retaliation Introduction This commentary examines the Fourth Circuit’s unpublished decision in Bradford...
Clarifying Transfer Fee Boundaries: Excessive Fee Claims in Homeowners’ Association Transactions

Clarifying Transfer Fee Boundaries: Excessive Fee Claims in Homeowners’ Association Transactions

Date: Mar 20, 2025
Clarifying Transfer Fee Boundaries: Excessive Fee Claims in Homeowners’ Association Transactions Introduction The present case, involving Susan K. Carpenter as trustee for the H. Joe King, Jr....
Broad Interpretation of “In or Affecting Commerce” under 18 U.S.C. § 922(g): Affirming the Interstate Nexus in Firearm Possession Cases

Broad Interpretation of “In or Affecting Commerce” under 18 U.S.C. § 922(g): Affirming the Interstate Nexus in Firearm Possession Cases

Date: Mar 20, 2025
Broad Interpretation of “In or Affecting Commerce” under 18 U.S.C. § 922(g): Affirming the Interstate Nexus in Firearm Possession Cases Introduction The case of United States of America v. James...
Affirming Appellate Waiver Validity in Guilty Plea Proceedings: A New Benchmark

Affirming Appellate Waiver Validity in Guilty Plea Proceedings: A New Benchmark

Date: Mar 20, 2025
Affirming Appellate Waiver Validity in Guilty Plea Proceedings: A New Benchmark Introduction The recent judgment in United States of America v. Jon Alan Davis, rendered by the United States Court of...
No Duty to Enhance Navigational Aids: Discretionary Function Immunity under the SIAA in Penny Barnett v. United States

No Duty to Enhance Navigational Aids: Discretionary Function Immunity under the SIAA in Penny Barnett v. United States

Date: Mar 20, 2025
No Duty to Enhance Navigational Aids: Discretionary Function Immunity under the SIAA in Penny Barnett v. United States Introduction The Fourth Circuit’s decision in Penny Jo Barnett v. United States,...
Affirmation of Section 922(g)(1) Constitutionality and Sentencing Reasonableness: A Detailed Analysis of United States v. Parham

Affirmation of Section 922(g)(1) Constitutionality and Sentencing Reasonableness: A Detailed Analysis of United States v. Parham

Date: Mar 19, 2025
Affirmation of Section 922(g)(1) Constitutionality and Sentencing Reasonableness: A Detailed Analysis of United States v. Parham This commentary provides an in-depth review of the United States Court...
Reaffirming Discretion in Enhanced Sentencing: The Legacy of the First Step Act in Stacked §924(c) Convictions

Reaffirming Discretion in Enhanced Sentencing: The Legacy of the First Step Act in Stacked §924(c) Convictions

Date: Mar 19, 2025
Reaffirming Discretion in Enhanced Sentencing: The Legacy of the First Step Act in Stacked §924(c) Convictions Introduction The case of United States of America v. Jason T. Scott presents an...
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