“New” Means Newly Accessible: The Fourth Circuit Clarifies Schlup’s Actual-Innocence Gateway in Justin Wolfe v. Chadwick Dotson Introduction For more than two decades the prosecution of Justin...
United States v. Richard Smith, Jr.: Non-Retroactive § 924(c) Reform as an “Extraordinary and Compelling Reason” Fourth Circuit, July 7 2025 Introduction In United States v. Richard Smith, Jr. (4th...
United States v. Simmons: Limiting the Firearm-Counting Rule in §2K2.1(b) — Non-NFA Weapons Are Irrelevant Unless Tied to the NFA Offense Introduction In United States v. Stephen Simmons, No. 23-4607...
“Same-Course-of-Conduct” Expanded: Repeated Felon-in-Possession Incidents Within a Brief Interval Constitute Relevant Conduct After an Unconditional Guilty Plea – Commentary on United States v. Troy...
United States v. Suncar – “Attempted Transfer” Is a Completed Distribution: The Fourth Circuit Confirms Pennsylvania § 780-113(a)(30) as a Predicate “Controlled Substance Offense” 1. Introduction...
“Exclusive-Causation” under the Vaccine Act: A Commentary on Amanda Watts v. Maryland CVS Pharmacy, LLC 1. Introduction In Amanda Watts v. Maryland CVS Pharmacy, LLC, the United States Court of...
Fourth Circuit Affirms “Good-Faith Belief” Shield Against § 523(a)(4) Embezzlement Nondischargeability Introduction In Deborah Parker v. Dan Martin, No. 23-2084 (4th Cir. 2025), the United States...
Brown v. Stapleton: Due-Process Protection for Prison Trust-Account Funds and the Limits of Sandin 1. Introduction In Demmerick Eric Brown v. Karen Stapleton, the United States Court of Appeals for...
Younger-Based Dismissals Are NOT § 1915(g) “Strikes” & Strikes Are Counted Only as of the Filing Date: Burrell v. Shirley, 4th Cir. 2025 1. Introduction In Burrell v. Shirley, No. 23-6791 (4th Cir....
“But-For” Means “One Of,” Not “The Only”: The Fourth Circuit’s Clarification of Causation in Title VII Retaliation Commentary on LaShaun Curry v. South Carolina State Election Commission (4th Cir....
When the LLC Speaks: Fourth Circuit Holds That a Single-Member LLC—Not Its Owner—Is the Contracting Party for Arbitration Purposes Introduction In Randy Luna v. Tug Hill Operating, LLC, No. 24-1281...
Fourth-Circuit Clarifies “Joint-Venture Constructive Possession” and Plain-Error Limits on Competency Challenges A Comprehensive Commentary on United States v. Cristian Cabrera-Rivas, 93 F.4th ___...
“Total Relevant Conduct” Means Total: United States v. Dehaven Craig and the Limits on Government-Sought Guideline Enhancements Introduction On 30 June 2025 the United States Court of Appeals for the...
Fourth Circuit Clarifies that Palomar-Santiago Does Not Eliminate “Procedural-Error” Excusal under 8 U.S.C. § 1326(d)(1) Commentary on United States v. Victor Castro-Aleman, 4th Cir., 26 June 2025...
Chappell v. TruckPro, LLC – Fourth Circuit Clarifies the “Preponderance” Threshold for Linking a Product to a Distributor in South Carolina Strict-Liability Litigation 1. Introduction This commentary...
No Immediate Interaction, No State-Created Danger: Fourth Circuit Clarifies Limits of Substantive Due Process in Paton v. City of Norfolk Introduction In Kathy Paton v. City of Norfolk, Virginia, the...
“From Disability to Limitation”: Fourth Circuit Re-defines the Employer’s Duty of Notice in ADA Accommodations Commentary on Sally W. Tarquinio v. Johns Hopkins University Applied Physics Laboratory,...
United States v. McCray: Clarifying the Scope of Sentencing Explanations When a Downward Variance Is Granted Introduction In United States v. Fredrick Wendell McCray, No. 24-4078 (4th Cir....
United States v. Poynter, Jr.: Fourth Circuit Re-Affirms the Reliability of Historical Cell-Site Analysis and Clarifies Plain-Error Review of Rule 702/403 Challenges 1. Introduction The Fourth...
Fourth Circuit Clarifies Non-Binding Nature of EOIR OPPM 17-04 and the Limited Reach of the Accardi Doctrine in Cancellation-of-Removal Cap Cases Introduction The published opinion in Alex Zalaya...