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  • Commentaries
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4th Circuit Case Commentaries

The Objective and Readily Verifiable Inaccuracy Principle in Furnisher Investigations under the FCRA

The Objective and Readily Verifiable Inaccuracy Principle in Furnisher Investigations under the FCRA

Date: Mar 19, 2025
The Objective and Readily Verifiable Inaccuracy Principle in Furnisher Investigations under the FCRA Introduction In the case of Shelby Roberts v. Carter-Young, Inc., decided by the United States...
Jury Integrity and Structural Error: A New Standard for Addressing Juror Misconduct and External Influence

Jury Integrity and Structural Error: A New Standard for Addressing Juror Misconduct and External Influence

Date: Mar 19, 2025
Jury Integrity and Structural Error: A New Standard for Addressing Juror Misconduct and External Influence Introduction The judgment in Jeremiah Antoine Sweeney v. Richard J. Graham, Jr., Warden, et...
Data Blocking and Unfair Competition: Establishing New Standards for Automated Access in Health Information Systems

Data Blocking and Unfair Competition: Establishing New Standards for Automated Access in Health Information Systems

Date: Mar 15, 2025
Data Blocking and Unfair Competition: Establishing New Standards for Automated Access in Health Information Systems Introduction The recent judgment in Real Time Medical Systems, Inc. v....
Affirming Sentencing Discretion and Inmate Medical Care: A New Benchmark in Pre-Trial and Sentencing Review

Affirming Sentencing Discretion and Inmate Medical Care: A New Benchmark in Pre-Trial and Sentencing Review

Date: Mar 15, 2025
Affirming Sentencing Discretion and Inmate Medical Care: A New Benchmark in Pre-Trial and Sentencing Review Introduction The case of United States of America v. Kamron Eugene Miller, Sr. presents a...
New Precedent on Tolling the Statute of Limitations in Tax Collection: The Installment Agreement Controversy

New Precedent on Tolling the Statute of Limitations in Tax Collection: The Installment Agreement Controversy

Date: Mar 15, 2025
New Precedent on Tolling the Statute of Limitations in Tax Collection: The Installment Agreement Controversy Introduction The case of United States of America v. Arthur T. Stover and Gigi Stover...
Timeliness and Procedural Forfeiture in Criminal Garnishment and Restitution Appeals

Timeliness and Procedural Forfeiture in Criminal Garnishment and Restitution Appeals

Date: Mar 15, 2025
Timeliness and Procedural Forfeiture in Criminal Garnishment and Restitution Appeals Introduction The case of United States of America v. Lorene Chittenden presents a multifaceted examination of...
Balancing Sovereign Immunity and Individual Accountability: New Precedents in First Amendment Retaliation Claims

Balancing Sovereign Immunity and Individual Accountability: New Precedents in First Amendment Retaliation Claims

Date: Mar 14, 2025
Balancing Sovereign Immunity and Individual Accountability: New Precedents in First Amendment Retaliation Claims Introduction The Judgment in Arthur M. Love v. Larry Hogan et al. represents a nuanced...
Reaffirming the Attempted Murder Cross-Reference: Implications for Voluntary Intoxication in Federal Sentencing

Reaffirming the Attempted Murder Cross-Reference: Implications for Voluntary Intoxication in Federal Sentencing

Date: Mar 14, 2025
Reaffirming the Attempted Murder Cross-Reference: Implications for Voluntary Intoxication in Federal Sentencing Introduction The case of UNITED STATES OF AMERICA v. SAMMY LEE ELLIS, JR., adjudicated...
Ensuring Adequate Discovery and Support for Pro Se Plaintiffs in Mental Health Treatment Cases

Ensuring Adequate Discovery and Support for Pro Se Plaintiffs in Mental Health Treatment Cases

Date: Mar 14, 2025
Ensuring Adequate Discovery and Support for Pro Se Plaintiffs in Mental Health Treatment Cases Introduction The case of Brian Damon Farabee v. Dr. Robert Gardella, Christy F. McFarland, and Daniel...
Unilateral Modification Authority and the Formation of Arbitration Agreements: A New Precedent in Maryland Contract Law

Unilateral Modification Authority and the Formation of Arbitration Agreements: A New Precedent in Maryland Contract Law

Date: Mar 14, 2025
Unilateral Modification Authority and the Formation of Arbitration Agreements: A New Precedent in Maryland Contract Law Introduction The judgment in Tiffany Johnson; Tracy I. Crider, individually and...
New Precedent on Content-Based Speech Restrictions: Unconstitutional Application of "Vulgar" Language Provisions

New Precedent on Content-Based Speech Restrictions: Unconstitutional Application of "Vulgar" Language Provisions

Date: Mar 14, 2025
New Precedent on Content-Based Speech Restrictions: Unconstitutional Application of "Vulgar" Language Provisions I. Introduction The recent Fourth Circuit decision in Michael Moshoures v. City of...
New Precedent on Tailored Digital and Employment Restrictions in Child Pornography Cases

New Precedent on Tailored Digital and Employment Restrictions in Child Pornography Cases

Date: Mar 13, 2025
New Precedent on Tailored Digital and Employment Restrictions in Child Pornography Cases I. Introduction The United States Court of Appeals for the Fourth Circuit recently affirmed a criminal...
Ambiguity in Insurance Provisions: Favoring the Insured under South Carolina Law

Ambiguity in Insurance Provisions: Favoring the Insured under South Carolina Law

Date: Mar 13, 2025
Ambiguity in Insurance Provisions: Favoring the Insured under South Carolina Law Introduction The case of JW Aluminum Company v. ACE American Insurance Company; Westport Insurance Corporation; AIG...
Procedural Unreasonableness in Upward Departures: A New Standard for Evaluating Sentencing Evidence and Expert Testimony

Procedural Unreasonableness in Upward Departures: A New Standard for Evaluating Sentencing Evidence and Expert Testimony

Date: Mar 13, 2025
Procedural Unreasonableness in Upward Departures: A New Standard for Evaluating Sentencing Evidence and Expert Testimony Introduction In United States of America v. Tyzheem Kwazhon Nixon, the United...
Defendant Confrontation Rights and the Balancing Test for Hearsay in Supervised Release Revocation

Defendant Confrontation Rights and the Balancing Test for Hearsay in Supervised Release Revocation

Date: Mar 13, 2025
Defendant Confrontation Rights and the Balancing Test for Hearsay in Supervised Release Revocation Introduction The case of United States of America v. Gerald Adrian Wheeler (a/k/a Bay-Bay) presents...
Establishing Digital Manifest Assent: The CuriosityStream Precedent on Online Arbitration Agreements

Establishing Digital Manifest Assent: The CuriosityStream Precedent on Online Arbitration Agreements

Date: Mar 13, 2025
Establishing Digital Manifest Assent: The CuriosityStream Precedent on Online Arbitration Agreements Introduction The case of Rohan Dhruva; Joshua Stern v. CuriosityStream, Inc. presents a landmark...
Reliance on Counsel’s Advice in Chapter 13 Bankruptcy: Enforcing Local Rules and Assessing Sanctions

Reliance on Counsel’s Advice in Chapter 13 Bankruptcy: Enforcing Local Rules and Assessing Sanctions

Date: Mar 10, 2025
Reliance on Counsel’s Advice in Chapter 13 Bankruptcy: Enforcing Local Rules and Assessing Sanctions Introduction The case of Christine M. Sugar, Debtor - Appellant, v. Michael Brandon Burnett;...
New Insights on Statutes of Limitations in Civil Rights Claims: The Inquiry Notice Standard Reinforced

New Insights on Statutes of Limitations in Civil Rights Claims: The Inquiry Notice Standard Reinforced

Date: Mar 10, 2025
New Insights on Statutes of Limitations in Civil Rights Claims: The Inquiry Notice Standard Reinforced Introduction The case of Demetric Simon v. Keith Gladstone, Robert Hankard, Wayne Jenkins,...
Inextricable Federal Nexus in PFAS Litigation: Expanding Removal Jurisdiction under 28 U.S.C. § 1442(a)(1)

Inextricable Federal Nexus in PFAS Litigation: Expanding Removal Jurisdiction under 28 U.S.C. § 1442(a)(1)

Date: Mar 10, 2025
Inextricable Federal Nexus in PFAS Litigation: Expanding Removal Jurisdiction under 28 U.S.C. § 1442(a)(1) Introduction This commentary examines the recent decision of the United States Court of...
Delegation of Arbitrability to Arbitrators: Compelling Arbitration in BSAs

Delegation of Arbitrability to Arbitrators: Compelling Arbitration in BSAs

Date: Mar 10, 2025
Delegation of Arbitrability to Arbitrators: Compelling Arbitration in BSAs Introduction This commentary examines the recent decision from the United States Court of Appeals for the Fourth Circuit in...
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