Fourth Circuit: Foreign-Market Prescription Drugs with Different Labeling and Quality Controls Are “Non-Genuine” Under the Lanham Act; Contributory Liability Requires Knowledge, Not Formal Notice...
Shifting Termination Explanations and Disputed “Belligerence” Create a Jury Issue of Pretext in § 1981 Retaliation Case: Eddie Stewart v. GES Recycling South Carolina LLC Court: United States Court...
Mass-Marketing Enhancement Applies Even When Solicitation Targets Non-Victims in Healthcare Fraud (United States v. Joyner) 1. Introduction In United States v. Colby Edward Joyner, the Fourth Circuit...
Appellate Abandonment in FTCA Cases: Unchallenged Discretionary-Function and Alternative Dismissal Grounds Require Affirmance Case: Timothy Taylor v. United States (4th Cir. Aug. 11, 2026)...
Browsewrap Arbitration Clauses Are Unenforceable Under Maryland Law When Unilateral “Change-in-Terms” Takes Effect Upon Site Visit Without Advance Notice Introduction In Kaitlyn Trimble v. Entrata,...
Equitable Tolling for 8 U.S.C. § 1252(b)(1) After Riley and Functional “Final Order” Challenges in Withholding-Only Review Case: Jaime Navarro Cerritos v. Todd Blanche (4th Cir.) Date: August 11,...
Nexus in Family-Based Asylum Claims Must Turn on Why the Petitioner Was Threatened (Not Why a Relative Was Targeted) Case: Claudia Orellana-Ramos v. Todd Blanche (4th Cir.) Date: August 10, 2026...
Fourth Circuit: MCS-90 Endorsement Obligates Payment Only for Judgments Against the Named Motor-Carrier Insured Case: The Cincinnati Insurance Company v. Levi Owens Court: United States Court of...
Haysbert v. Outback: No Third-Party Standing to Appeal Counsel’s Pro Hac Vice Revocation; Anderson Governs Added Rule 37 Sanctions Beyond Automatic Exclusion Court: United States Court of Appeals for...
ERISA § 1024(b)(4) Requires Disclosure of Administrative Services Agreements That Govern Plan Operations Case: Richard Kelly v. Altria Client Services, LLC (consolidated Nos. 25-1350 & 25-2080) |...
ERISA § 1024(b)(4) Requires Disclosure of Administrative Services Agreements as Instruments “Under Which” a Plan Is Operated Case: Richard Kelly v. Altria Client Services, LLC Court: United States...
PLRA Exhaustion for Newly Added Claims Is Measured When the Claim Is First Pleaded 1. Introduction In Benjamin Carter v. Beth Cabell (4th Cir. Aug. 4, 2026), incarcerated plaintiff Benjamin Forrest...
Fourth Circuit Rule: No Compelled CIA Operational-File Search Absent Completed Withholding and Sworn Evidence; Detailed CIA Affidavits Sustain FOIA (b)(1)/(b)(3) Redactions Case: Michael Driggs v....
Qualified Immunity and FMLA Authentication: No Clearly Established Right to a Pre-Contact Cure Opportunity Case: Daniel Mook v. G. Hall (4th Cir. Aug. 4, 2026) | Disposition: Vacated and remanded...
Rule 12(b)(6) Use of Body-Camera Video: “Blatant Contradiction” Can Defeat Plausible Inferences of Surrender in Deadly-Force Pleadings I. Introduction In Legacy Spencer v. Edward Glaser, III, the...
PLRA Exhaustion Timing in the Fourth Circuit: New Claims Added by Amended Complaint Are Measured When First Pleaded I. Introduction Case: Benjamin Carter v. Beth Cabell (Fourth Circuit, Aug. 4,...
Fourth Circuit: Briefing on a Threshold Legal Issue Is Not a “Reasonable Opportunity” to Prove Cancellation Hardship Under 8 U.S.C. § 1229a(b)(4)(B) 1. Introduction In Kadiatou Keita v. Todd Blanche...
Briefing on a Threshold Legal Issue Is Not a “Reasonable Opportunity” to Prove Cancellation Hardship—Including Third-Country Removal Hardship Case: Kadiatou Keita v. Todd Blanche (4th Cir. Aug. 4,...
Revocation of Adam Walsh Act Conditional Discharge Requires Proof by a Preponderance Under 18 U.S.C. § 4248(f) 1. Introduction United States v. Robert Boyd (4th Cir. Aug. 6, 2026) addresses the...
Defective Notice to Appear (No Time/Date) Does Not Strip IJ Jurisdiction; Objection Is Forfeited if Not Raised Before the IJ 1. Introduction In Maria Navarrete-Melgar v. Todd Blanche (4th Cir. Aug....