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4th Circuit Case Commentaries

“Use” v. “Brandishing” Re-Defined: The Fourth Circuit Adopts the “Imminent-Threat” Test for § 2A4.1(b)(3) Dangerous-Weapon Enhancements

“Use” v. “Brandishing” Re-Defined: The Fourth Circuit Adopts the “Imminent-Threat” Test for § 2A4.1(b)(3) Dangerous-Weapon Enhancements

Date: Aug 12, 2025
“Use” v. “Brandishing” Re-Defined: The Fourth Circuit Adopts the “Imminent-Threat” Test for § 2A4.1(b)(3) Dangerous-Weapon Enhancements Introduction United States v. Thomas Faulls, Sr., No. 23-4532...
Gardner v. Momon: Fourth Circuit Reaffirms Grand-Jury Indictment as Conclusive Proof of Probable Cause in First-Amendment Retaliation & Excessive-Force Suits

Gardner v. Momon: Fourth Circuit Reaffirms Grand-Jury Indictment as Conclusive Proof of Probable Cause in First-Amendment Retaliation & Excessive-Force Suits

Date: Aug 6, 2025
Gardner v. Momon: Fourth Circuit Reaffirms Grand-Jury Indictment as Conclusive Proof of Probable Cause in First-Amendment Retaliation & Excessive-Force Suits Introduction The decision in Anthony...
Seabrook v. Driscoll: Heightened Pleading Standards for Temporal Proximity and Comparator Specificity under Title VII

Seabrook v. Driscoll: Heightened Pleading Standards for Temporal Proximity and Comparator Specificity under Title VII

Date: Aug 6, 2025
Seabrook v. Driscoll: Heightened Pleading Standards for Temporal Proximity and Comparator Specificity under Title VII 1. Introduction In Dorothy Seabrook v. Daniel P. Driscoll, No. 20-1961 (4th Cir....
“Regular Servicing Status” Clarified:  PACEM Solutions International, LLC v. U.S. Small Business Administration (4th Cir. 2025)

“Regular Servicing Status” Clarified: PACEM Solutions International, LLC v. U.S. Small Business Administration (4th Cir. 2025)

Date: Aug 6, 2025
“Regular Servicing Status” Clarified: PACEM Solutions International, LLC v. U.S. Small Business Administration 1. Introduction The Fourth Circuit’s published decision in PACEM Solutions...
“Arising-Under Jurisdiction” Extends to Solvent Debtors: The Bestwall Rule on Bankruptcy Court Authority

“Arising-Under Jurisdiction” Extends to Solvent Debtors: The Bestwall Rule on Bankruptcy Court Authority

Date: Aug 5, 2025
“Arising-Under Jurisdiction” Extends to Solvent Debtors: Bestwall LLC v. Official Committee of Asbestos Claimants and the Constitutional Scope of Bankruptcy Court Authority Introduction In Bestwall...
“Sign-In-Wrap” Arbitration Clauses Receive Fourth-Circuit Blessing: Austin v. Experian Information Solutions, Inc.

“Sign-In-Wrap” Arbitration Clauses Receive Fourth-Circuit Blessing: Austin v. Experian Information Solutions, Inc.

Date: Aug 5, 2025
“Sign-In-Wrap” Arbitration Clauses Receive Fourth-Circuit Blessing: Darrell Austin, Jr. v. Experian Information Solutions, Inc. 1. Introduction The Fourth Circuit’s published decision in Austin v....
Goldberg v. Skyline Tower Painting, Inc.—Fourth Circuit Affirms Dual Appellate Pathways for CAFA Remand Orders and Clarifies the “Local-Controversy” Exception

Goldberg v. Skyline Tower Painting, Inc.—Fourth Circuit Affirms Dual Appellate Pathways for CAFA Remand Orders and Clarifies the “Local-Controversy” Exception

Date: Aug 5, 2025
Fourth Circuit Affirms Dual Appellate Pathways for CAFA Remand Orders and Clarifies the “Local-Controversy” Exception Introduction The consolidated appeals in Elizabeth Goldberg v. Skyline Tower...
Dual-Track Appellate Review of CAFA Remand Orders and the Rebuttable-Presumption Test for Local-Controversy Citizenship: A Commentary on Elizabeth Goldberg v. Television Tower, Inc.

Dual-Track Appellate Review of CAFA Remand Orders and the Rebuttable-Presumption Test for Local-Controversy Citizenship: A Commentary on Elizabeth Goldberg v. Television Tower, Inc.

Date: Aug 5, 2025
Dual-Track Appellate Review of CAFA Remand Orders and the Rebuttable-Presumption Test for Local-Controversy Citizenship A Comprehensive Commentary on Elizabeth Goldberg v. Television Tower, Inc. (4th...
Fourth Circuit Confirms Dual Appellate Paths Under CAFA: Remand Orders Appealable as-of-Right under 28 U.S.C. § 1291

Fourth Circuit Confirms Dual Appellate Paths Under CAFA: Remand Orders Appealable as-of-Right under 28 U.S.C. § 1291

Date: Aug 5, 2025
Fourth Circuit Confirms Dual Appellate Paths Under CAFA: Remand Orders Appealable as-of-Right under 28 U.S.C. § 1291 Introduction In Skyline Tower Painting, Inc. v. Goldberg, Nos. 24-141 et al. (4th...
“Dual-Track Appeals & the Residency Presumption” – The Fourth Circuit’s New Guidance on CAFA Remand Orders in Television Tower, Inc. v. Goldberg

“Dual-Track Appeals & the Residency Presumption” – The Fourth Circuit’s New Guidance on CAFA Remand Orders in Television Tower, Inc. v. Goldberg

Date: Aug 5, 2025
“Dual-Track Appeals & the Residency Presumption” – New Fourth-Circuit Precedent on Reviewing CAFA Remand Orders Introduction In Television Tower, Inc. v. Goldberg, Nos. 24-141/142 & 24-1250/1251,...
“Beyond the Numbers” – Fourth Circuit Clarifies the Proof Standard for Selective-Enforcement Claims in United States v. Moore

“Beyond the Numbers” – Fourth Circuit Clarifies the Proof Standard for Selective-Enforcement Claims in United States v. Moore

Date: Aug 5, 2025
“Beyond the Numbers” – Fourth Circuit Clarifies the Proof Standard for Selective-Enforcement Claims in United States v. Moore Introduction In United States v. Keith Rodney Moore, the U.S. Court of...
Anderson v. Ferguson – No Clearly-Established Prohibition on Police Use of the “Mandibular-Angle” Pressure Point Technique

Anderson v. Ferguson – No Clearly-Established Prohibition on Police Use of the “Mandibular-Angle” Pressure Point Technique

Date: Aug 5, 2025
Anderson v. Ferguson – No Clearly-Established Prohibition on Police Use of the “Mandibular-Angle” Pressure Point Technique Introduction In Albert Anderson v. B. Ferguson, No. 22-7199 (4th Cir....
“Geographic Proximity Alone Does Not Equal ‘Substantial Control’” – The Fourth Circuit Narrows Title IX Liability for Off-Campus Misconduct

“Geographic Proximity Alone Does Not Equal ‘Substantial Control’” – The Fourth Circuit Narrows Title IX Liability for Off-Campus Misconduct

Date: Aug 5, 2025
“Geographic Proximity Alone Does Not Equal ‘Substantial Control’” – The Fourth Circuit Narrows Title IX Liability for Off-Campus Misconduct Introduction In Jane Roe v. Marshall University Board of...
Colorado Navarro v. Bondi (4th Cir. 2025): Quantifying “More-Likely-Than-Not” Torture and Re-affirming the BIA’s Clear-Error Authority

Colorado Navarro v. Bondi (4th Cir. 2025): Quantifying “More-Likely-Than-Not” Torture and Re-affirming the BIA’s Clear-Error Authority

Date: Aug 5, 2025
Colorado Navarro v. Bondi (4th Cir. 2025): Quantifying “More-Likely-Than-Not” Torture and Re-affirming the BIA’s Clear-Error Authority 1. Introduction In Jonathan Alexander Colorado Navarro v. Pamela...
“Speak Now or Forever Waive It” – The Fourth Circuit’s Specific-Objection Rule for Source-Code Attacks on Probabilistic DNA Software (United States v. Chavis, 2025)

“Speak Now or Forever Waive It” – The Fourth Circuit’s Specific-Objection Rule for Source-Code Attacks on Probabilistic DNA Software (United States v. Chavis, 2025)

Date: Aug 5, 2025
“Speak Now or Forever Waive It” – The Fourth Circuit’s Specific-Objection Rule for Source-Code Attacks on Probabilistic DNA Software (United States v. Brandon Chavis & Melissa Beasley, 4th Cir. 2025)...
No “Magic-Words” Requirement: The Fourth Circuit Re-Affirms Minimal-Explanation Standard for Compassionate-Release Denials

No “Magic-Words” Requirement: The Fourth Circuit Re-Affirms Minimal-Explanation Standard for Compassionate-Release Denials

Date: Aug 5, 2025
No “Magic-Words” Requirement: The Fourth Circuit Re-Affirms Minimal-Explanation Standard for Compassionate-Release Denials 1. Introduction In United States v. Larry Antonio Burleigh, No. 23-6254 (4th...
“Preservation over Source-Code”: The Fourth Circuit’s Guidance on Challenging Probabilistic DNA Evidence and Indictment Variance in United States v. Melissa Beasley

“Preservation over Source-Code”: The Fourth Circuit’s Guidance on Challenging Probabilistic DNA Evidence and Indictment Variance in United States v. Melissa Beasley

Date: Aug 5, 2025
“Preservation over Source-Code”: Fourth Circuit Restricts Appellate Review of Probabilistic Genotyping Challenges and Clarifies Indictment-Variance Doctrine Introduction United States v. Melissa...
“Martinez v. Bondi”: The Fourth Circuit Clarifies the BIA’s Duty to Assess Prima-Facie Eligibility and Discretion in Motions to Reopen for Cancellation of Removal

“Martinez v. Bondi”: The Fourth Circuit Clarifies the BIA’s Duty to Assess Prima-Facie Eligibility and Discretion in Motions to Reopen for Cancellation of Removal

Date: Aug 5, 2025
“Martinez v. Bondi”: The Fourth Circuit Clarifies the BIA’s Duty to Assess Prima-Facie Eligibility and Discretion in Motions to Reopen for Cancellation of Removal 1. Introduction The unpublished...
Fourth Circuit Clarifies Limits of § 1447(c): No Appellate Fee-Shifting and Stricter Policing of Successive Removals

Fourth Circuit Clarifies Limits of § 1447(c): No Appellate Fee-Shifting and Stricter Policing of Successive Removals

Date: Aug 2, 2025
Fourth Circuit Clarifies Limits of § 1447(c): No Appellate Fee-Shifting and Stricter Policing of Successive Removals Introduction Donald Black v. Mantei & Associates, Ltd., No. 24-1439 (4th Cir. Jul....
Implicit Non-Indigency Findings Satisfy 18 U.S.C. § 3014: A Commentary on United States v. Cansler (4th Cir. 2025)

Implicit Non-Indigency Findings Satisfy 18 U.S.C. § 3014: A Commentary on United States v. Cansler (4th Cir. 2025)

Date: Aug 2, 2025
Implicit Non-Indigency Findings Satisfy 18 U.S.C. § 3014: A Commentary on United States v. Cansler (4th Cir. 2025) I. Introduction The Fourth Circuit’s unpublished per curiam decision in United...
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