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  • Commentaries
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4th Circuit Case Commentaries

Jurisdictional Boundaries and Mootness in Challenges to TSA's No Fly List: A Comprehensive Analysis of Long v. Pekoske

Jurisdictional Boundaries and Mootness in Challenges to TSA's No Fly List: A Comprehensive Analysis of Long v. Pekoske

Date: Jun 30, 2022
Jurisdictional Boundaries and Mootness in Challenges to TSA's No Fly List: A Comprehensive Analysis of Long v. Pekoske Introduction In the landmark case Saadiq Long v. David P. Pekoske, the United...
4th Circuit Affirms Dismissal of False Claims Act Claims: Emphasizing the Necessity of Particularity in Materiality and Scienter Allegations

4th Circuit Affirms Dismissal of False Claims Act Claims: Emphasizing the Necessity of Particularity in Materiality and Scienter Allegations

Date: Jun 30, 2022
4th Circuit Affirms Dismissal of False Claims Act Claims: Emphasizing the Necessity of Particularity in Materiality and Scienter Allegations Introduction In the case of United States ex rel. Cortney...
Distinguishing Jurisdictional and Merits Issues in Enforcing Foreign Arbitration Awards: Insights from Reddy v. Buttar

Distinguishing Jurisdictional and Merits Issues in Enforcing Foreign Arbitration Awards: Insights from Reddy v. Buttar

Date: Jun 25, 2022
Distinguishing Jurisdictional and Merits Issues in Enforcing Foreign Arbitration Awards: Insights from Reddy v. Buttar Introduction The case of Rachan Damidi Reddy v. Rashid A. Buttar, reported at 38...
Peltier v. Charter Day School, Inc.: Expanding State Action Doctrine to Combat Gender Discrimination in Charter Schools

Peltier v. Charter Day School, Inc.: Expanding State Action Doctrine to Combat Gender Discrimination in Charter Schools

Date: Jun 15, 2022
Peltier v. Charter Day School, Inc.: Expanding State Action Doctrine to Combat Gender Discrimination in Charter Schools Introduction Peltier, Booth, and Burks v. Charter Day School, Inc. et al. is a...
Fourth Circuit Establishes Ineligibility of Qualified Immunity for Deliberate Indifference in Prolonged Solitary Confinement Practices

Fourth Circuit Establishes Ineligibility of Qualified Immunity for Deliberate Indifference in Prolonged Solitary Confinement Practices

Date: Jun 15, 2022
Fourth Circuit Establishes Ineligibility of Qualified Immunity for Deliberate Indifference in Prolonged Solitary Confinement Practices Introduction In the landmark case of Thorpe et al. v. Clarke et...
Clarifying Probable Cause and De Novo Review Standards in §1983 Actions: Brown v. Lott

Clarifying Probable Cause and De Novo Review Standards in §1983 Actions: Brown v. Lott

Date: Jun 11, 2022
Clarifying Probable Cause and De Novo Review Standards in §1983 Actions: Brown v. Lott Introduction In the case of Kellen Brown, Administrator of the Estate of Tiffany Brown, Plaintiff - Appellant,...
Establishing Libel Per Se in Official Separation Documents: Insights from Cannon v. Peck

Establishing Libel Per Se in Official Separation Documents: Insights from Cannon v. Peck

Date: Jun 9, 2022
Establishing Libel Per Se in Official Separation Documents: Insights from Cannon v. Peck Introduction The case of Thomas M. Cannon et al. v. Calvin R. Peck, Jr. et al. rendered by the United States...
Fourth Circuit Upholds Civil Contempt Order and Attorneys' Fees in False Advertising Case Involving Probiotic Formulations

Fourth Circuit Upholds Civil Contempt Order and Attorneys' Fees in False Advertising Case Involving Probiotic Formulations

Date: Jun 8, 2022
Fourth Circuit Upholds Civil Contempt Order and Attorneys' Fees in False Advertising Case Involving Probiotic Formulations Introduction The case of Claudio De Simone; ExeGi Pharma, LLC v. VSL...
Mootness Determined in Eden LLC v. Governor Justice: Upholding the Voluntary Cessation Doctrine

Mootness Determined in Eden LLC v. Governor Justice: Upholding the Voluntary Cessation Doctrine

Date: Jun 3, 2022
Mootness Determined in Eden LLC v. Governor Justice: Upholding the Voluntary Cessation Doctrine Introduction Eden, LLC, d/b/a Eden Family Restaurant; Fulton Fun Factory, LLC; The Rejuvenation Center...
Commerce Clause and Twenty-First Amendment: Upholding North Carolina's Retail Wine Importation Bar

Commerce Clause and Twenty-First Amendment: Upholding North Carolina's Retail Wine Importation Bar

Date: Jun 2, 2022
Commerce Clause and Twenty-First Amendment: Upholding North Carolina's Retail Wine Importation Bar Case: B-21 Wines, Inc. v. Hank Bauer, Chair, North Carolina Alcoholic Beverage Control Commission...
Shift-Specific First-Come, First-Served Internship Placement: Analysis of Lyons v. City of Alexandria

Shift-Specific First-Come, First-Served Internship Placement: Analysis of Lyons v. City of Alexandria

Date: Jun 1, 2022
Shift-Specific First-Come, First-Served Internship Placement: Analysis of Lyons v. City of Alexandria Introduction The case of Micheall Lyons v. City of Alexandria examines allegations of racial...
Ambiguity in Medicaid Policy 3L Precludes Finding of Scienter under the False Claims Act

Ambiguity in Medicaid Policy 3L Precludes Finding of Scienter under the False Claims Act

Date: May 27, 2022
Ambiguity in Medicaid Policy 3L Precludes Finding of Scienter under the False Claims Act Introduction In the case of United States ex rel. Stephen Gugenheim; State of North Carolina ex rel. Stephen...
Fourth Circuit Establishes Discretion to Extend Service Deadlines Under Federal Rule 4(m)

Fourth Circuit Establishes Discretion to Extend Service Deadlines Under Federal Rule 4(m)

Date: May 25, 2022
Fourth Circuit Establishes Discretion to Extend Service Deadlines Under Federal Rule 4(m) Introduction The case of Edward Gelin; Deborah Gelin, as personal representatives of the Estate of Ashleigh...
Crockett v. Clarke: Upholding Strict Deference to State Court Findings on Ineffective Assistance of Counsel under AEDPA

Crockett v. Clarke: Upholding Strict Deference to State Court Findings on Ineffective Assistance of Counsel under AEDPA

Date: May 25, 2022
Crockett v. Clarke: Upholding Strict Deference to State Court Findings on Ineffective Assistance of Counsel under AEDPA Introduction Cameron Paul Crockett was convicted of involuntary manslaughter in...
Fourth Circuit Establishes Jurisdictional Limits on Class-Wide Injunctive Relief for Immigration Detention Procedures

Fourth Circuit Establishes Jurisdictional Limits on Class-Wide Injunctive Relief for Immigration Detention Procedures

Date: May 13, 2022
Fourth Circuit Establishes Jurisdictional Limits on Class-Wide Injunctive Relief for Immigration Detention Procedures Introduction In the case of Miranda Dubon Miranda et al. v. Merrick B. Garland et...
Ineffective Assistance of Counsel Claims for Discretionary Appeals: Clarifying AEDPA Standards in Folkes v. Nelsen

Ineffective Assistance of Counsel Claims for Discretionary Appeals: Clarifying AEDPA Standards in Folkes v. Nelsen

Date: May 11, 2022
Ineffective Assistance of Counsel Claims for Discretionary Appeals: Clarifying AEDPA Standards in Folkes v. Nelsen Introduction The case of Clinton Folkes v. Warden Nelsen (34 F.4th 258) addresses...
Application of Rule 28(j) in Appellate Sentencing: Insights from UNITED STATES OF AMERICA v. ROBERT CHRISTOPHER CISSON

Application of Rule 28(j) in Appellate Sentencing: Insights from UNITED STATES OF AMERICA v. ROBERT CHRISTOPHER CISSON

Date: May 6, 2022
Application of Rule 28(j) in Appellate Sentencing: Insights from UNITED STATES OF AMERICA v. ROBERT CHRISTOPHER CISSON Introduction In the landmark case of United States of America v. Robert...
Procedural Barriers in Employment Retaliation Claims: An Analysis of Walton v. Harker

Procedural Barriers in Employment Retaliation Claims: An Analysis of Walton v. Harker

Date: Apr 29, 2022
Procedural Barriers in Employment Retaliation Claims: An Analysis of Walton v. Harker Introduction Walton v. Harker, 33 F.4th 165 (4th Cir. 2022), is a pivotal case that underscores the critical...
Fourth Circuit Upholds Convictions in Hobbs Act Robbery and Witness Tampering Case

Fourth Circuit Upholds Convictions in Hobbs Act Robbery and Witness Tampering Case

Date: Apr 28, 2022
Fourth Circuit Upholds Convictions in Hobbs Act Robbery and Witness Tampering Case Introduction In the case of UNITED STATES OF AMERICA v. CHARLES ANTHONY WALKER, JR., the United States Court of...
Establishing Equitable Remedies in Federal Judiciary Employment Disputes: Strickland v. United States

Establishing Equitable Remedies in Federal Judiciary Employment Disputes: Strickland v. United States

Date: Apr 27, 2022
Establishing Equitable Remedies in Federal Judiciary Employment Disputes: Strickland v. United States Introduction In Strickland v. United States of America, the United States Court of Appeals for...
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