Insurer Standing and Plan Confirmation: Good Faith and §524(g) Compliance in Asbestos Chapter 11 Reorganization Introduction Truck Insurance Exchange v. Kaiser Gypsum Company, Inc., No. 21-1858 (4th...
Federal Circuit’s Exclusive Jurisdiction over Compulsory Patent-Misuse Counterclaims Introduction In Honeywell International, Inc. v. OPTO Electronics Co., Ltd. (4th Cir. Apr. 29, 2025), Honeywell...
Denial of Cancellation of Removal Based on Fraud Under §1101(f) Catchall and the Waiver of Fifth Amendment Privilege Introduction The Fourth Circuit’s decision in Adolfo Acevedo Ibarra v. Pamela...
Ensuring Timely Expert Disclosures Under Rule 16(a)(1)(G) and Sentencing Enhancement for Acquitted Conduct in Child Pornography Prosecutions Introduction This commentary examines the Fourth Circuit’s...
The Enforceability of Partial-Principal Indemnity Agreements and the Reasonableness Standard for Settlements under North Carolina Law Introduction This commentary examines the Fourth Circuit’s...
Clarifying Probable Cause, Contextual Hearsay, and Dual-Role Expert Testimony: United States v. Octavius Johnson Introduction United States v. Octavius Myron Johnson (4th Cir. April 28, 2025)...
Surrogate Forensic Testimony and Harmless Confrontation Clause Error Introduction United States v. Trevor Seward (4th Cir. Apr. 25, 2025) arises from the murder of a rural mail carrier in South...
Ensuring Definiteness in Oral Agreements and Viability of Quantum Meruit Claims Under California Law Introduction 3074 Centreville LLC v. M.A. Cohen & Co., Inc. (Fourth Cir. Apr. 23, 2025) addresses...
Owners Insurance Co. v. Walsh: Non-Stacking of UIM Benefits When No Scheduled Vehicle Is Involved Introduction Owners Insurance Company v. Jeffrey Walsh is a 2025 Fourth Circuit decision clarifying...
Prima Facie “Strong Likelihood” Standard for Reopening Removal Proceedings to Pursue Post-Proceedings Marriage-Based Adjustment of Status Introduction The consolidated appeals in Ansar Hussen Hussen...
Fourth Circuit Clarifies Prima Facie Standard for Reopening Removal Proceedings Based on Bona Fide Marriage Introduction This commentary examines the United States Court of Appeals for the Fourth...
Affirming Forum Non Conveniens Dismissal Against Defaulting Foreign Sovereign Defendants Introduction This commentary examines the Fourth Circuit’s April 22, 2025 opinion in AdvanFort Company v....
Clarifying the Prima Facie Standard for Reopening Removal Proceedings Based on Subsequent Bona Fide Marriages Introduction This case arises from petitions for review brought by Ansar Hassen Hussen,...
Defining “Extreme Deprivation”: Eighth Amendment Conditions of Confinement and Qualified Immunity for Hospitalized Inmates Introduction Derrick Coleman and Tangy Coleman (collectively, “Appellants”)...
Res Gestae Evidence and Anonymous Jury Safeguards in Federal Threat Prosecutions: United States v. Beeman Introduction United States v. Brock Beeman, decided by the Fourth Circuit on April 18, 2025,...
Limiting BIA Factfinding on Government Acquiescence in CAT Claims Introduction Mirna Lisette Garay-Campos, a Salvadoran national, and her minor daughter sought asylum, withholding of removal, and...
Extension of Fiduciary Obligations Through Post-Closing Adjustment Period and Release Exception in Mergers Introduction In Vincent P. Mona v. David F. McKay, the United States Court of Appeals for...
Fourth Circuit Clarifies Narrow Scope of Earmarking, Trust and §541(b)(1) Exclusions in Bankruptcy Estates Introduction In In re: Star Development Group, LLC, the Fourth Circuit addressed whether $1...
FTCA Judgment Bar Precludes Bivens Claims for the Same Underlying Conduct Introduction The Fourth Circuit’s decision in Justin Longworth v. A. Mansukhani, 21-7609 (4th Cir. Apr. 16, 2025),...
Rejecting Presumptive Fee Matrix Reliance: Fourth Circuit’s Rule on FLSA Attorney’s Fees Introduction In Arriaza De Paredes v. Zen Nails Studio LLC, the Fourth Circuit clarified the proper approach a...