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  • Commentaries
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4th Circuit Case Commentaries

Qualified Immunity and Sovereign Immunity in Prison Medical Care: Pfaller v. Amonette & Wang

Qualified Immunity and Sovereign Immunity in Prison Medical Care: Pfaller v. Amonette & Wang

Date: Dec 16, 2022
Qualified Immunity and Sovereign Immunity in Prison Medical Care: Pfaller v. Amonette & Wang Introduction The case of Jacob Pfaller, Administrator of the Estate of Danny Harold Pfaller v. Dr. Mark...
Enhanced Scrutiny on Compassionate Release Motions Post-FSA: Bethea v. United States

Enhanced Scrutiny on Compassionate Release Motions Post-FSA: Bethea v. United States

Date: Dec 14, 2022
Enhanced Scrutiny on Compassionate Release Motions Post-FSA: Bethea v. United States Introduction In the case of United States of America v. Rayco Bethea, decided by the United States Court of...
Fourth Circuit Affirms Limitation on Bivens Actions for Inmate Conditions of Confinement

Fourth Circuit Affirms Limitation on Bivens Actions for Inmate Conditions of Confinement

Date: Dec 14, 2022
Fourth Circuit Affirms Limitation on Bivens Actions for Inmate Conditions of Confinement Introduction In the case of Raymond Tate v. various United States of America officials, the United States...
But-For Causation in Drug-Related Deaths: Insights from United States v. Robinson

But-For Causation in Drug-Related Deaths: Insights from United States v. Robinson

Date: Dec 10, 2022
But-For Causation in Drug-Related Deaths: Insights from United States v. Robinson Introduction In the case of United States of America v. Terrick Robinson, the United States Court of Appeals for the...
Defining 'Passengers' in Insurance Coverage: T.H.E. Insurance Co. v. Davis and Spencer

Defining 'Passengers' in Insurance Coverage: T.H.E. Insurance Co. v. Davis and Spencer

Date: Dec 10, 2022
Defining 'Passengers' in Insurance Coverage: T.H.E. Insurance Co. v. Davis and Spencer Introduction In the case of T.H.E. Insurance Company, Plaintiff - Appellee, v. Melyndia Davis; Robert Spencer,...
Fourth Circuit Clarifies IDEA Exhaustion Requirement: Claims-Processing Rule, Not Jurisdictional

Fourth Circuit Clarifies IDEA Exhaustion Requirement: Claims-Processing Rule, Not Jurisdictional

Date: Dec 6, 2022
Fourth Circuit Clarifies IDEA Exhaustion Requirement: Claims-Processing Rule, Not Jurisdictional Introduction The case of K.I.; J.I. v. Durham Public Schools Board of Education; North Carolina State...
First Step Act Does Not Permit Retroactive Misdemeanor Reclassification of Completed Felony Convictions

First Step Act Does Not Permit Retroactive Misdemeanor Reclassification of Completed Felony Convictions

Date: Dec 1, 2022
First Step Act Does Not Permit Retroactive Misdemeanor Reclassification of Completed Felony Convictions Introduction In the case of United States of America v. Darwyn Lee Payne, 54 F.4th 748 (4th...
Fourth Circuit Establishes Boundaries for Compassionate Release Motions

Fourth Circuit Establishes Boundaries for Compassionate Release Motions

Date: Nov 30, 2022
Compassionate Release Motions Do Not Permit Collateral Challenges to Sentencing: Fourth Circuit's Affirmation Introduction In the case of United States of America v. Dwayne Ferguson, the United...
Expansion of Retaliation Protections in Federal Sector: Laurent-Workman v. Wormuth

Expansion of Retaliation Protections in Federal Sector: Laurent-Workman v. Wormuth

Date: Nov 30, 2022
Expansion of Retaliation Protections in Federal Sector: Laurent-Workman v. Wormuth Introduction In the landmark case of Marie Laurent-Workman v. Christine Wormuth, the United States Court of Appeals...
Fourth Circuit Upholds Denial of Qualified Immunity in Case of Deliberate Indifference to Pretrial Detainee’s Medical Needs

Fourth Circuit Upholds Denial of Qualified Immunity in Case of Deliberate Indifference to Pretrial Detainee’s Medical Needs

Date: Nov 9, 2022
Fourth Circuit Upholds Denial of Qualified Immunity in Case of Deliberate Indifference to Pretrial Detainee’s Medical Needs Introduction The case of Paul Tarashuk, Personal Representative of the...
Enhanced Religious Accommodation in Correctional Facilities: Insights from Richardson v. Virginia Department of Corrections

Enhanced Religious Accommodation in Correctional Facilities: Insights from Richardson v. Virginia Department of Corrections

Date: Nov 8, 2022
Enhanced Religious Accommodation in Correctional Facilities: Insights from Richardson v. Virginia Department of Corrections Introduction Richardson v. Virginia Department of Corrections is a pivotal...
Fourth Circuit Clarifies Extraterritorial Application of Wire Fraud Statute and Restricts Restitution Scope

Fourth Circuit Clarifies Extraterritorial Application of Wire Fraud Statute and Restricts Restitution Scope

Date: Nov 4, 2022
Fourth Circuit Clarifies Extraterritorial Application of Wire Fraud Statute and Restricts Restitution Scope Introduction In the landmark case of United States of America v. Lee Elbaz, the United...
Fourth Circuit Affirms Mens Rea Standards for VICAR Offenses Under §924(c) Post-Borden

Fourth Circuit Affirms Mens Rea Standards for VICAR Offenses Under §924(c) Post-Borden

Date: Oct 27, 2022
Fourth Circuit Affirms Mens Rea Standards for VICAR Offenses Under §924(c) Post-Borden Introduction In the landmark case of United States of America v. Martin Jay Manley, 52 F.4th 143 (2022), the...
Fourth Circuit Sets Strict Criteria for 'Particular Social Group' in Asylum Cases

Fourth Circuit Sets Strict Criteria for 'Particular Social Group' in Asylum Cases

Date: Oct 25, 2022
Fourth Circuit Sets Strict Criteria for 'Particular Social Group' in Asylum Cases Introduction In the case of Maria Morales v. Merrick B. Garland, Attorney General, decided on October 24, 2022, the...
Exclusion of 21 U.S.C. §848(e)(1)(A) from First Step Act's 'Covered Offenses': Comprehensive Commentary on United States v. Roane, Jr. and Tipton

Exclusion of 21 U.S.C. §848(e)(1)(A) from First Step Act's 'Covered Offenses': Comprehensive Commentary on United States v. Roane, Jr. and Tipton

Date: Oct 19, 2022
Exclusion of 21 U.S.C. §848(e)(1)(A) from First Step Act's 'Covered Offenses': Comprehensive Commentary on United States v. Roane, Jr. and Tipton Introduction The case of United States of America v....
Substantive Reasonableness in Section 404 Motions: Insights from United States v. Mitchell Swain

Substantive Reasonableness in Section 404 Motions: Insights from United States v. Mitchell Swain

Date: Sep 15, 2022
Substantive Reasonableness in Section 404 Motions: Insights from United States v. Mitchell Swain Introduction In the landmark case United States v. Mitchell Swain, reported as 49 F.4th 398 (4th Cir....
Fourth Circuit Sets Precedent on Supervised Release Conditions in Child Pornography Cases

Fourth Circuit Sets Precedent on Supervised Release Conditions in Child Pornography Cases

Date: Sep 9, 2022
Fourth Circuit Sets Precedent on Supervised Release Conditions in Child Pornography Cases Introduction In the landmark case United States of America v. Augustin Dante Ezquiel Arce, reported as 49...
Fourth Circuit Clarifies Standards for Defamation Claims and Sanctions in Defamation Proceedings

Fourth Circuit Clarifies Standards for Defamation Claims and Sanctions in Defamation Proceedings

Date: Sep 3, 2022
Fourth Circuit Clarifies Standards for Defamation Claims and Sanctions in Defamation Proceedings Introduction In the case of Derek J. Harvey v. Cable News Network, Incorporated, Lev Parnas, and...
Fourth Circuit Revises Standards for Employer Liability in Hostile Work Environment Claims: Chapman v. Oakland Living Center

Fourth Circuit Revises Standards for Employer Liability in Hostile Work Environment Claims: Chapman v. Oakland Living Center

Date: Aug 31, 2022
Fourth Circuit Revises Standards for Employer Liability in Hostile Work Environment Claims: Chapman v. Oakland Living Center Introduction In the landmark case Tonya R. Chapman v. Oakland Living...
Concepcion v. United States Influences Compassionate Release Proceedings: Insights from the Brice Appeal

Concepcion v. United States Influences Compassionate Release Proceedings: Insights from the Brice Appeal

Date: Aug 30, 2022
Concepcion v. United States Influences Compassionate Release Proceedings: Insights from the Brice Appeal Introduction The case of United States of America v. James Thomas Brice, decided by the United...
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