4th Circuit Case Commentaries

Indefinite Unpaid Leave Is Not an Effective ADA Accommodation When Reassignment to a Vacant Position Is Possible

Date: Aug 6, 2026

Indefinite Unpaid Leave Is Not an Effective ADA Accommodation When Reassignment to a Vacant Position Is Possible Introduction In Ibrahima Dieng v. Orkin, LLC (4th Cir. Aug. 5, 2026), the Fourth...

Plausibility Pleading for “Cat’s Paw” and Monell Liability in Public-Employer Race-Termination Claims

Date: Aug 6, 2026

Plausibility Pleading for “Cat’s Paw” and Monell Liability in Public-Employer Race-Termination Claims Introduction In Bryan Wardell v. Pitt County, North Carolina (4th Cir. Aug. 5, 2026)...

Hayseeds “Necessity” Requires Insured Cooperation and Meaningful Demand; Bankruptcy-Related Noncooperation Defeats Fee-Shifting

Date: Jul 29, 2026

Hayseeds “Necessity” Requires Insured Cooperation and Meaningful Demand; Bankruptcy-Related Noncooperation Defeats Fee-Shifting Introduction In Bristol Springs Custom Homes, LLC v. Argos Group US,...

Hayseeds “Necessity” Requires More Than Post-Suit Settlement Timing; West Virginia UTPA Subsections (b), (c), (d), (f), (g), and (m) Remain Unavailable to Insureds

Date: Jul 29, 2026

Hayseeds “Necessity” Requires More Than Post-Suit Settlement Timing; West Virginia UTPA Subsections (b), (c), (d), (f), (g), and (m) Remain Unavailable to Insureds Introduction In Bristol Springs...

Habeas Jurisdiction Lies in the District of Removal When ICE Conceals Custody Through Rapid, Secret Transfers; INA §§ 1252(g), 1252(b)(9), and 1252(a)(5) Do Not Bar Detention-Only Constitutional Challenges

Date: Jul 29, 2026

Habeas Jurisdiction Lies in the District of Removal When ICE Conceals Custody Through Rapid, Secret Transfers; INA §§ 1252(g), 1252(b)(9), and 1252(a)(5) Do Not Bar Detention-Only Constitutional...

Permanent SIJ Parentage Bar: SIJ Recipients Cannot Ever Confer Immigration Benefits on Natural or Prior Adoptive Parents

Date: Jul 29, 2026

Permanent SIJ Parentage Bar: SIJ Recipients Cannot Ever Confer Immigration Benefits on Natural or Prior Adoptive Parents 1. Introduction In Josue Fuentes v. United States Citizenship and Immigration...

Direct Evidence that Funds Were Not Reinvested Defeats International Promotion Money Laundering Under 18 U.S.C. § 1956(a)(2)(A)

Date: Jul 25, 2026

Direct Evidence that Funds Were Not Reinvested Defeats International Promotion Money Laundering Under 18 U.S.C. § 1956(a)(2)(A) Case: United States v. Qinbin Chen (4th Cir. July 21, 2026)...

Fourth Circuit Requires Proof of a Distinct Reinvestment Agreement for § 1956(h) Promotional Money-Laundering Conspiracy

Date: Jul 25, 2026

Fourth Circuit Requires Proof of a Distinct Reinvestment Agreement for § 1956(h) Promotional Money-Laundering Conspiracy I. Introduction In United States v. Bisheem Jones (4th Cir. July 21, 2026),...

Nexus for Home Search Warrants: Probable Cause from a Drug Courier Leaving the Residence and Drug-Trafficker-at-Home Inferences (Fourth Circuit)

Date: Jul 25, 2026

Nexus for Home Search Warrants: Probable Cause from a Drug Courier Leaving the Residence and Drug-Trafficker-at-Home Inferences (Fourth Circuit) I. Introduction In United States v. Rebecca Barker...

United States v. Ellis: Deliberate Partial Courtroom Closures Are Not “Trivial” and Are Upheld When Supported by a Substantial Reason Under a Modified Waller Test

Date: Jul 24, 2026

United States v. Ellis: Deliberate Partial Courtroom Closures Are Not “Trivial” and Are Upheld When Supported by a Substantial Reason Under a Modified Waller Test 1. Introduction In United States v....

When Mootness Is Raised First on Appeal, the Fourth Circuit Remands for First-Instance Article III Findings in Post-Settlement Insurance Coverage Declaratory Actions

Date: Jul 24, 2026

When Mootness Is Raised First on Appeal, the Fourth Circuit Remands for First-Instance Article III Findings in Post-Settlement Insurance Coverage Declaratory Actions 1. Introduction Covington...

Comcast Requires a Case-Specific, Non-Speculative Classwide Damages Methodology (Not a Generic “Out-of-Pocket” Formula) and a Rigorous Predominance Analysis in Securities-Fraud Class Certification

Date: Jul 24, 2026

Comcast Requires a Case-Specific, Non-Speculative Classwide Damages Methodology (Not a Generic “Out-of-Pocket” Formula) and a Rigorous Predominance Analysis in Securities-Fraud Class Certification...

Simmons v. UM Capital Region Health: Weak Pretext Showings and Compliance Queries Without Anti-Fraud Action Do Not Defeat Summary Judgment (ADA/FCA)

Date: Jul 24, 2026

Weak Pretext Showings and Compliance Queries Without Anti-Fraud Action Do Not Defeat Summary Judgment (ADA/FCA): Simmons v. UM Capital Region Health Court: United States Court of Appeals for the...

Virginia Code § 18.2-53.1 (Use of a Firearm) Is Not a “Crime of Violence” for USSG § 2K2.1(a)(4)(A) When Tethered to Virginia Robbery

Date: Jul 24, 2026

Virginia Code § 18.2-53.1 (Use of a Firearm) Is Not a “Crime of Violence” for USSG § 2K2.1(a)(4)(A) When Tethered to Virginia Robbery I. Introduction In United States v. Rashad Ebron (4th Cir. July...

State Custody Does Not Start the Speedy Trial Act Clock Absent a Solely Federal Hold; An Unseen Show of Authority Is Not a Seizure

Date: Jul 24, 2026

State Custody Does Not Start the Speedy Trial Act Clock Absent a Solely Federal Hold; An Unseen Show of Authority Is Not a Seizure Case: United States v. Brandon Brown (4th Cir. July 20, 2026)...

AEDPA “Double Deference” Controls Habeas Review of State-Court Manifest-Necessity Mistrials Triggered by Defense Opening Statements

Date: Jul 21, 2026

AEDPA “Double Deference” Controls Habeas Review of State-Court Manifest-Necessity Mistrials Triggered by Defense Opening Statements Introduction In Keith Wood v. Shawn Straughn (Fourth Circuit, July...

Certification Despite Prior Erie Prediction: Fourth Circuit Sends South Carolina “Adequate Warning vs. Design Defect” Question to State Supreme Court

Date: Jul 20, 2026

Certification Despite Prior Erie Prediction: Fourth Circuit Sends South Carolina “Adequate Warning vs. Design Defect” Question to State Supreme Court I. Introduction Jesse Near v. Enerco Group, Inc....

Generalized Gang Extortion/Recruitment Motives Do Not Establish Asylum Nexus Without Petitioner-Specific Evidence; BIA Need Not Remand for “Clear Factual or Legal Error” Shorthand Absent Identified Misreview

Date: Jul 20, 2026

Generalized Gang Extortion/Recruitment Motives Do Not Establish Asylum Nexus Without Petitioner-Specific Evidence; BIA Need Not Remand for “Clear Factual or Legal Error” Shorthand Absent Identified...

Non‑Unanimous Court‑Martial Verdict Claims Are Non‑Jurisdictional and Unreviewable on Federal Habeas After “Full and Fair” Military Consideration

Date: Jul 20, 2026

Non‑Unanimous Court‑Martial Verdict Claims Are Non‑Jurisdictional and Unreviewable on Federal Habeas After “Full and Fair” Military Consideration Introduction In Jamie Brown v. Troy Meink (4th Cir....

Deferred Enforced Departure Is Not an Immigration “Status”: “Admitted in Any Status” Under 8 U.S.C. § 1229b(a)(2) Requires Entry in an INA-Recognized Classification

Date: Jul 20, 2026

Deferred Enforced Departure Is Not an Immigration “Status”: “Admitted in Any Status” Under 8 U.S.C. § 1229b(a)(2) Requires Entry in an INA-Recognized Classification Case: Alejandra Montesinos...