United States v. Booker: The Fourth Circuit Upholds the Anti-Kickback Statute, Narrows “Merger” Concerns in Money-Laundering, and Re-Affirms Post-Kisor Loss-Calculation Principles Introduction On 22...
“From Wheels to Wires” – The Fourth Circuit Clarifies Ambiguous Appeal Waivers and Rejects Wiretap-Act Analogies for GPS & Cell-Site Tracking A Comprehensive Commentary on United States v. Reginald...
Fourth Circuit Affirms Use of Asylum-Interview Notes as Sole Basis for Adverse Credibility Findings 1. Introduction In Humberto Pineda Valdez v. Pamela Bondi, the United States Court of Appeals for...
Associational Standing Re-Drawn: Fourth Circuit Allows Trade Associations to Allege Facial ICCTA Pre-emption but Bars Blanket Takings Claims 1. Introduction In Association of American Railroads v....
“Supportability & Consistency Reign Supreme” The Fourth Circuit’s Definitive Guidepost for Evaluating Mental-Health Evidence after the 2017 SSA Rule 1. Introduction Dawn M. Drumgold, a former Social...
“First Determine the Chapter”: The Fourth Circuit’s New Directive on Choosing Among FAA Chapters in Employers' Innovative Network, LLC v. Bridgeport Benefits, Inc. Introduction Employers’ Innovative...
Fourth Circuit Abolishes the “Reasonable-Interpretation” Safe Harbor in Healthcare-Fraud Cases: United States v. Elfenbein 1. Introduction In United States v. Ron Elfenbein, the United States Court...
Williams v. Fairfax County: The Fourth Circuit Clarifies that “Minor Discrepancies” Cannot Establish Pretext under Title VII Introduction The Fourth Circuit Court of Appeals’ unpublished opinion in...
Fourth Circuit Clarifies Implied Indemnity Between Joint Tortfeasors in Strict Products Liability While Re-affirming the American Rule on Attorneys’ Fees 1. Introduction The published opinion in...
No Scienter Necessary: The Fourth Circuit’s Landmark Ruling on Civil RICO “Unlawful-Debt” Claims in Williams v. Martorello Introduction Williams v. Martorello, decided on 16 July 2025 by the United...
Clarifying Primary vs. Secondary Fault: Fourth Circuit Recognizes Implied Indemnification Between Joint Tortfeasors in Maryland Strict-Liability Actions, But Reaffirms the American Rule on Attorneys’...
Foreign Insolvency as a Decisive Factor: Tiber Creek Partners, LLC v. Ellume USA LLC and the Fourth Circuit’s Refined Test for Dismissing a Citizen-Plaintiff’s Home-Forum Suit on Forum Non Conveniens...
Fourth Circuit Clarifies Reliance on Reliable Hearsay for the §2K2.1(b)(6)(B) Enhancement United States v. Patrick Hilkah McManus, No. 23-4278 (4th Cir. July 10, 2025) – Unpublished but persuasive...
The Sysco Doctrine: Heightened Particularity in Trade-Secret Pleading and the “Copyright-Disclosure Bar” 1. Introduction Sysco Machinery Corporation v. DCS USA Corporation, No. 24-1675 (4th Cir....
Sheppheard v. Morrisey: Fourth Circuit Narrows Article III Standing— “General Supervisory Authority” Alone Cannot Support Suit Against State Executives over Prison Conditions 1. Introduction In...
Fourth Circuit Narrows Expert-Confidentiality Disqualification and Defines the “Country Charge” Rule Commentary on Brainchild Surgical Devices, LLC v. CPA Global Ltd., 90 F.4th 212 (4th Cir. 2025) I....
“Walking-Away” Can Cost You: Fourth Circuit Clarifies Apparent-Authority Settlement Enforcement and the Impossibility of Voiding Accurate NPDB Reports Introduction Roland Chalifoux, Jr. v. Wetzel...
United States v. Gray: Appellate Deference to District-Court Findings on Bureau-of-Prisons Medical Capability in Supervised-Release Revocations Introduction In United States v. Christopher Kirk Gray,...
United States v. Johnson: Sentencing Disparity Recognized as a Stand-Alone “Extraordinary and Compelling” Ground for Compassionate Release Introduction United States v. Shaheem Johnson, No. 23-6896...
Fourth Circuit Clarifies Coverage for Resultant Property Damage Versus Defective Work Under Owner-Controlled CGL Policies Introduction Houston Casualty Company v. Trident Construction Services, LLC...