4th Circuit Case Commentaries

Limiting Depositions of Corporate Director-Counsel and Excluding Unlawful Disclosures from ADEA Retaliation

Date: Mar 22, 2025

Limiting Depositions of Corporate Director-Counsel and Excluding Unlawful Disclosures from ADEA Retaliation Introduction This commentary examines the Fourth Circuit’s unpublished decision in Bradford...

Clarifying Transfer Fee Boundaries: Excessive Fee Claims in Homeowners’ Association Transactions

Date: Mar 20, 2025

Clarifying Transfer Fee Boundaries: Excessive Fee Claims in Homeowners’ Association Transactions Introduction The present case, involving Susan K. Carpenter as trustee for the H. Joe King, Jr....

Broad Interpretation of “In or Affecting Commerce” under 18 U.S.C. § 922(g): Affirming the Interstate Nexus in Firearm Possession Cases

Date: Mar 20, 2025

Broad Interpretation of “In or Affecting Commerce” under 18 U.S.C. § 922(g): Affirming the Interstate Nexus in Firearm Possession Cases Introduction The case of United States of America v. James...

Affirming Appellate Waiver Validity in Guilty Plea Proceedings: A New Benchmark

Date: Mar 20, 2025

Affirming Appellate Waiver Validity in Guilty Plea Proceedings: A New Benchmark Introduction The recent judgment in United States of America v. Jon Alan Davis, rendered by the United States Court of...

No Duty to Enhance Navigational Aids: Discretionary Function Immunity under the SIAA in Penny Barnett v. United States

Date: Mar 20, 2025

No Duty to Enhance Navigational Aids: Discretionary Function Immunity under the SIAA in Penny Barnett v. United States Introduction The Fourth Circuit’s decision in Penny Jo Barnett v. United States,...

Affirmation of Section 922(g)(1) Constitutionality and Sentencing Reasonableness: A Detailed Analysis of United States v. Parham

Date: Mar 19, 2025

Affirmation of Section 922(g)(1) Constitutionality and Sentencing Reasonableness: A Detailed Analysis of United States v. Parham This commentary provides an in-depth review of the United States Court...

Reaffirming Discretion in Enhanced Sentencing: The Legacy of the First Step Act in Stacked §924(c) Convictions

Date: Mar 19, 2025

Reaffirming Discretion in Enhanced Sentencing: The Legacy of the First Step Act in Stacked §924(c) Convictions Introduction The case of United States of America v. Jason T. Scott presents an...

The Objective and Readily Verifiable Inaccuracy Principle in Furnisher Investigations under the FCRA

Date: Mar 19, 2025

The Objective and Readily Verifiable Inaccuracy Principle in Furnisher Investigations under the FCRA Introduction In the case of Shelby Roberts v. Carter-Young, Inc., decided by the United States...

Jury Integrity and Structural Error: A New Standard for Addressing Juror Misconduct and External Influence

Date: Mar 19, 2025

Jury Integrity and Structural Error: A New Standard for Addressing Juror Misconduct and External Influence Introduction The judgment in Jeremiah Antoine Sweeney v. Richard J. Graham, Jr., Warden, et...

Exigent Domestic-Violence Entry and Detention as Objectively Reasonable; No Monell Liability Without an Underlying Constitutional Violation

Date: Mar 19, 2025

Exigent Domestic-Violence Entry and Detention as Objectively Reasonable; No Monell Liability Without an Underlying Constitutional Violation Case: Patrice Williams v. City of Charlotte, No. 23-1665...

Geographic Separation Alone Does Not Defeat Likelihood of Confusion When National Internet Marketing and Reputation Create Overlapping “Zones”

Date: Mar 19, 2025

Geographic Separation Alone Does Not Defeat Likelihood of Confusion When National Internet Marketing and Reputation Create Overlapping “Zones” Case: Westmont Living, Inc. v. Retirement Unlimited,...

Knowledge of a Minor’s Age in Attempted § 2422(b) and § 1591 Offenses May Be Proven by Texts, Circumstantial Consciousness-of-Guilt Evidence, and Post-Arrest Admissions

Date: Mar 18, 2025

Knowledge of a Minor’s Age in Attempted § 2422(b) and § 1591 Offenses May Be Proven by Texts, Circumstantial Consciousness-of-Guilt Evidence, and Post-Arrest Admissions 1. Introduction In United...

Data Blocking and Unfair Competition: Establishing New Standards for Automated Access in Health Information Systems

Date: Mar 15, 2025

Data Blocking and Unfair Competition: Establishing New Standards for Automated Access in Health Information Systems Introduction The recent judgment in Real Time Medical Systems, Inc. v....

Affirming Sentencing Discretion and Inmate Medical Care: A New Benchmark in Pre-Trial and Sentencing Review

Date: Mar 15, 2025

Affirming Sentencing Discretion and Inmate Medical Care: A New Benchmark in Pre-Trial and Sentencing Review Introduction The case of United States of America v. Kamron Eugene Miller, Sr. presents a...

New Precedent on Tolling the Statute of Limitations in Tax Collection: The Installment Agreement Controversy

Date: Mar 15, 2025

New Precedent on Tolling the Statute of Limitations in Tax Collection: The Installment Agreement Controversy Introduction The case of United States of America v. Arthur T. Stover and Gigi Stover...

Timeliness and Procedural Forfeiture in Criminal Garnishment and Restitution Appeals

Date: Mar 15, 2025

Timeliness and Procedural Forfeiture in Criminal Garnishment and Restitution Appeals Introduction The case of United States of America v. Lorene Chittenden presents a multifaceted examination of...

Statements of Unpaid Assessments Are Not “Transfer Fees” Under N.C. Chapter 39A, and “Excessive Price” Allegations Alone Do Not State a UDTPA Claim

Date: Mar 15, 2025

Statements of Unpaid Assessments Are Not “Transfer Fees” Under N.C. Chapter 39A, and “Excessive Price” Allegations Alone Do Not State a UDTPA Claim 1. Introduction In Carpenter v. William Douglas...

Section 921(a)(2) Does Not Narrow § 922(g) Possession: “In or Affecting Commerce” Is Satisfied by Any Prior Interstate Travel of the Firearm

Date: Mar 15, 2025

Section 921(a)(2) Does Not Narrow § 922(g) Possession: “In or Affecting Commerce” Is Satisfied by Any Prior Interstate Travel of the Firearm I. Introduction United States v. James Ervin, Jr. (4th...

FCRA Furnisher Liability Turns on “Objectively and Readily Verifiable” Inaccuracies, Not a Legal–Factual Divide

Date: Mar 15, 2025

FCRA Furnisher Liability Turns on “Objectively and Readily Verifiable” Inaccuracies, Not a Legal–Factual Divide 1. Introduction In Shelby Roberts v. Carter-Young, Inc. (4th Cir. Mar. 14, 2025), the...

Balancing Sovereign Immunity and Individual Accountability: New Precedents in First Amendment Retaliation Claims

Date: Mar 14, 2025

Balancing Sovereign Immunity and Individual Accountability: New Precedents in First Amendment Retaliation Claims Introduction The Judgment in Arthur M. Love v. Larry Hogan et al. represents a nuanced...