United States v. Ferguson: Fourth Circuit Clarifies the Admissibility of Rapport-Building Segments in Child Forensic Interviews 1. Introduction United States v. Donald Gene Ferguson, II (4th Cir.,...
Extended Retention of Seized Digital Devices Pending Technological Advancements: A Commentary on United States v. Mark Bolling (4th Cir. 2025) 1. Introduction The unpublished Fourth Circuit decision...
“More Than the Missing Blanks”: The Fourth Circuit Reinforces an ALJ’s Duty to Explain Reliance on Claimant Forms in Black-Lung Cases Commentary on Juanita Cavendish v. Director, OWCP (4th Cir. 2025)...
“Undisputed Disability” – Fourth Circuit Confirms Summary Judgment Standard in ERISA Benefit Disputes Commentary on Rebecca Wonsang v. Reliance Standard Life Insurance Company, No. 24-1419 (4th Cir....
“Due To” Means “Because Of”: The Fourth Circuit’s But-For Causation Test for ERISA Limitation Clauses in Penland v. Metropolitan Life Introduction In Tracy Penland v. Metropolitan Life Insurance...
“Purely Expressive Union Advocacy” Doctrine: Fourth Circuit Shields Peaceful Union Speech from § 158(b)(4) Liability and State-Law Defamation Introduction WG/Welch Mechanical Contractors, LLC...
The “Indivisible Negotiation” Doctrine: Fourth Circuit Confirms Broad Federal-Officer Removal Despite State Disclaimers 1. Introduction In State of West Virginia ex rel. Mark A. Hunt v. CaremarkPCS...
United States v. Fozard: Appeal-Waiver Boundaries and the Mandatory Remedy for Rogers Errors Introduction United States v. Antonio Deon Fozard, No. 22-4679 (4th Cir. June 12, 2025) tackles the...
The “Oliver Clarification”: Integrated Sentencing Explanations Suffice for Both Custody and Supervision in Revocation Proceedings Introduction United States v. Donta Oliver, No. 24-4622 (4th Cir....
Fourth Circuit Aligns Title IX Limitations Period with South Carolina’s General Personal-Injury Statute: An In-Depth Commentary on E.R. v. Beaufort County School District I. Introduction In E.R. v....
Temporal Reach of Amended U.S.S.G. § 1B1.13 and the “Actual-Time-Served” Threshold – A Commentary on United States v. Rodney Crawley (4th Cir. 2025) Introduction United States v. Rodney Crawley, No....
Grey v. Alfonso-Royals: Fourth Circuit Confirms that FOIA Exemption 7(E) Shields Law-Enforcement Training Materials Without a “Risk-of-Circumvention” Showing I. Introduction Fabian Grey, a Jamaican...
Release-of-Past-Conduct Clause by Monopolists Not an Anticompetitive Practice Under Section 2 of the Sherman Act Introduction This commentary examines the Fourth Circuit’s decision in 2311 Racing LLC...
Timely Preservation of Personal Jurisdiction Defense and Waiver under Federal Rule of Civil Procedure 12 Introduction In Aida Elzagally v. Khalifa Hifter, Nos. 24-1422, 24-1423, 24-1426 (4th Cir....
Waiver of Personal Jurisdiction Defense Under Rule 12(h)(1): Timeliness Requirement Clarified Introduction Aida Elzagally v. Khalifa Hifter (Nos. 24-1422 et seq.) is a consolidated appeal arising...
Timely Assertion of Personal Jurisdiction Defenses and Dismissal Protocols: 4th Circuit Clarification in Ali Hamza v. Khalifa Hifter Introduction This consolidated appeal, decided June 5, 2025 by the...
Timely Assertion and Waiver of Personal Jurisdiction Defenses under Fed. R. Civ. P. 12: Ali Hamza v. Khalifa Hifter Introduction In Ali Hamza v. Khalifa Hifter, 4th Cir. No. 24-1422 et seq. (Decided...
New Legal Principle: Municipal Liability for Employee Social Media Speech and First Amendment Boundaries Introduction The Fourth Circuit’s decision in Martin Misjuns v. City of Lynchburg, 24-1782...
Waiver and Preservation of Personal Jurisdiction Defenses under Federal Rule 12 and the Limits of Consolidation Introduction Muna al-Suyid v. Khalifa Hifter is a consolidated set of appeals arising...
Preservation and Waiver of Personal Jurisdiction Defenses Under Rule 12(h)(1) Introduction In Muna al-Suyid v. Khalifa Hifter, 4th Cir. Nos. 24-1422 et seq. (June 5, 2025), the Fourth Circuit...