Clarifying Rule 701’s Limits, Rejecting Ratification-by-Tax-Return, and Allowing Equity Setoff in Corporate Wind-Downs Case: All American Black Car Service, Inc. v. Gondal (consolidated appeals Nos....
Good‑Faith Misinterpretation of Unsettled State Law Does Not Trigger § 1983 Liability: Fourth Circuit in Swart v. Miyares Channels Overdetention Claims to the Fourteenth Amendment Introduction In...
Victim Identification Plus Corroborating Circumstances Suffice for Probable Cause; Unknown Omissions Do Not Vitiate Warrants — The Fourth Circuit’s Clarification in Moretti v. Thorsdottir...
Forfeiture of Unraised Rule 11 Challenges and Harmless-Error Review for Plea Colloquy Omissions: United States v. Robert Smith, Jr. (4th Cir. 2025) Introduction In United States v. Robert Smith, Jr.,...
Post-Morgan in the Fourth Circuit: Active Litigation and Use of Federal Discovery Constitute Waiver of the Right to Arbitrate, Despite “Reservation” Language Case: Cheryl Ann Sarver, as Personal...
Publicity, Not Mere Exposure: Fourth Circuit Holds Dark‑Web Listing of Driver’s License Numbers Is a Concrete Injury-in-Fact; Future-Risk and Mitigation-Only Theories Fail Introduction In Christopher...
Fourth Circuit: Cumulative Punishment Under § 5861(d) and § 922(o) for the Same Machinegun Possession Violates Double Jeopardy Introduction In United States v. Patrick Tate Adamiak, No. 23-4451 (4th...
No Prior Warning Required: Fourth Circuit Affirms Default-for-Discovery Abuse, Post-Default Evidentiary Exclusions, and Net‑Revenue Restitution with “Fencing‑In” Injunction Under the CFPA...
"Answer Only What Confuses the Jury": Fourth Circuit Upholds Concise, Accurate Judicial Responses to Deliberation Questions in United States v. Brito (Unpublished) Court: U.S. Court of Appeals for...
“Because of” Means But-For: Fourth Circuit Clarifies Causation for Federal Hate Crimes and Cabins Mental-Health Evidence Under the IDRA Introduction In United States v. Marian Hudak, the Fourth...
No CERCLA Recovery Without Proven Causation; Clean Water Act Penalties Accrue Per Unpermitted Discharge Commentary on The Courtland Company, Inc. v. Union Carbide Corporation (4th Cir. Oct. 6, 2025)...
CERCLA Cost Recovery, CWA Penalties Per Discharge, and RCRA Injunctions: Fourth Circuit’s Unpublished Affirmance in Courtland Co. v. Union Carbide Court: U.S. Court of Appeals for the Fourth Circuit...
Per-Discharge Clean Water Act Penalties and “Necessary” CERCLA Costs: Fourth Circuit Guidance in Courtland Co. v. Union Carbide Introduction In a sprawling environmental dispute spanning multiple...
Per Discharge, Not Per Permitless Day: Fourth Circuit Affirms CWA Penalties Framework and Causation Limits on CERCLA Cost Recovery in Courtland Co. v. Union Carbide Introduction This unpublished per...
Temporary Telework That Precludes Essential In‑Person Duties Is Not a Reasonable ADA Accommodation: Fourth Circuit (Unpublished) Reaffirms Present‑Tense Essential‑Functions Test Case: Donna M. Jones...
No Clearly Established Duty for State Tax Officials to Compel Renewed Address Searches After Returned Mail: Fourth Circuit Affirms Qualified Immunity in deWet v. Rollyson Case: Ann Barclay deWet &...
No “Last-Exposure” Liability for Former Self-Insured Parents Under the BLBA Fourth Circuit limits responsible-operator and carrier designations; Trust Fund must pay where § 725.494(e) is not...
Imposters Can “Occupy” a Position of Trust: Fourth Circuit Reaffirms §3B1.3’s Reach Post‑Kisor and Upholds Probation’s Authority to Set Treatment Details Introduction In United States v. Brewer, the...
Rebutting the SGA Presumption Requires Concrete Proof of Subsidy: Fourth Circuit Affirms Step-Four Denial Based on Religious Employment and “As Actually Performed” Past Work Case: William Kinlaw v....
Unsealing During Appeal: Fourth Circuit Confirms First Amendment Access to Summary‑Judgment Video Exhibits and Treats Motions to Unseal as Collateral Introduction In Gray Media Group, Inc. v....