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“Because of” Means But-For: Fourth Circuit Clarifies Causation for Federal Hate Crimes and Cabins Mental-Health Evidence Under the IDRA Introduction In United States v. Marian Hudak, the Fourth...
No CERCLA Recovery Without Proven Causation; Clean Water Act Penalties Accrue Per Unpermitted Discharge Commentary on The Courtland Company, Inc. v. Union Carbide Corporation (4th Cir. Oct. 6, 2025)...
CERCLA Cost Recovery, CWA Penalties Per Discharge, and RCRA Injunctions: Fourth Circuit’s Unpublished Affirmance in Courtland Co. v. Union Carbide Court: U.S. Court of Appeals for the Fourth Circuit...
Per-Discharge Clean Water Act Penalties and “Necessary” CERCLA Costs: Fourth Circuit Guidance in Courtland Co. v. Union Carbide Introduction In a sprawling environmental dispute spanning multiple...
Per Discharge, Not Per Permitless Day: Fourth Circuit Affirms CWA Penalties Framework and Causation Limits on CERCLA Cost Recovery in Courtland Co. v. Union Carbide Introduction This unpublished per...
Temporary Telework That Precludes Essential In‑Person Duties Is Not a Reasonable ADA Accommodation: Fourth Circuit (Unpublished) Reaffirms Present‑Tense Essential‑Functions Test Case: Donna M. Jones...
No Clearly Established Duty for State Tax Officials to Compel Renewed Address Searches After Returned Mail: Fourth Circuit Affirms Qualified Immunity in deWet v. Rollyson Case: Ann Barclay deWet &...
No “Last-Exposure” Liability for Former Self-Insured Parents Under the BLBA Fourth Circuit limits responsible-operator and carrier designations; Trust Fund must pay where § 725.494(e) is not...
Imposters Can “Occupy” a Position of Trust: Fourth Circuit Reaffirms §3B1.3’s Reach Post‑Kisor and Upholds Probation’s Authority to Set Treatment Details Introduction In United States v. Brewer, the...
Rebutting the SGA Presumption Requires Concrete Proof of Subsidy: Fourth Circuit Affirms Step-Four Denial Based on Religious Employment and “As Actually Performed” Past Work Case: William Kinlaw v....
Unsealing During Appeal: Fourth Circuit Confirms First Amendment Access to Summary‑Judgment Video Exhibits and Treats Motions to Unseal as Collateral Introduction In Gray Media Group, Inc. v....
Trust-Fund Withholdings as “Income from Criminal Activity” Under U.S.S.G. § 2T1.1(b)(1): Fourth Circuit (Unpublished) Affirms Enhancement and Orders Full Resentencing for Rogers Error Introduction...
Lascivious Exhibition Instructions May Include Defendant’s Intent; Sentence Affirmed via Assumed-Error Harmlessness — United States v. Tatum (4th Cir. 2025) Note: This is an unpublished Fourth...
No “Indirect Cleansing” of Discriminatory Statutes: Fourth Circuit Invalidates North Carolina’s Felony‑Voting Crime and Clarifies Mootness After Prospective Amendments Introduction In A. Philip...
Bruen Step One Is Textual; Surety-Law Tradition Permits Temporary Disarmament of Felony Indictees: United States v. Jackson (4th Cir. 2025) Introduction In United States v. Brandon Glen Jackson, the...
Addressing the Central Thesis Suffices: Fourth Circuit Reaffirms Minimal Explanation and Harmless Error for Consecutive Revocation Sentences Introduction This commentary analyzes the Fourth Circuit’s...
Pretext Turns on the Decisionmaker’s Actual Belief; Temporal Proximity Alone Cannot Overcome Documented, Pre‑Existing Nonrenewal Plans Introduction In this unpublished decision, the Fourth Circuit...
Prospective Only: Fourth Circuit Limits Ex parte Young Relief in Takings Cases to Post-Judgment Interest on State-Held Unclaimed Property Introduction In Steven G. Albert v. Brooke E. Lierman, the...
No Fifth Amendment Retaliation at Sentencing Without a Demonstrable Nexus: United States v. Johnathan Crawford (4th Cir. 2025) Introduction In this unpublished but instructive decision, the Fourth...
Bailey’s Spatial Constraint Does Not Bar a Probation Officer from Directing a Supervised-Releasee Home During Execution of a Residential Warrant Introduction In United States v. Matthew Scott Rocco,...