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  • Commentaries
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4th Circuit Case Commentaries

Fourth Circuit Establishes Standards for Qualified Immunity in Excessive Force Claims: Stanton v. Elliott

Fourth Circuit Establishes Standards for Qualified Immunity in Excessive Force Claims: Stanton v. Elliott

Date: Feb 2, 2022
Fourth Circuit Establishes Standards for Qualified Immunity in Excessive Force Claims: Stanton v. Elliott Introduction The case of Jeffery L. Stanton, as Administrator of the Estate of Spencer Lee...
Differential Classification in Virginia's Sex Offender Registry Upheld under Equal Protection and Eighth Amendment

Differential Classification in Virginia's Sex Offender Registry Upheld under Equal Protection and Eighth Amendment

Date: Jan 29, 2022
Differential Classification in Virginia's Sex Offender Registry Upheld under Equal Protection and Eighth Amendment Introduction In the case of John Doe v. Colonel Gary T. Settle, the United States...
Effective Assistance of Counsel in Sentencing: United States v. Freeman

Effective Assistance of Counsel in Sentencing: United States v. Freeman

Date: Jan 26, 2022
Effective Assistance of Counsel in Sentencing: United States v. Freeman Introduction United States of America v. Precias K. Freeman (24 F.4th 320), adjudicated by the United States Court of Appeals...
Standing in Disability Rights Litigation: Fourth Circuit Vacates Preliminary Injunction in McMaster Case

Standing in Disability Rights Litigation: Fourth Circuit Vacates Preliminary Injunction in McMaster Case

Date: Jan 26, 2022
Standing in Disability Rights Litigation: Fourth Circuit Vacates Preliminary Injunction in McMaster Case Introduction The case of Disability Rights South Carolina; Able South Carolina; et al. v....
Fourth Circuit Sets Enhanced Standards for §1981 Race Discrimination Claims in Physician Privilege Cases

Fourth Circuit Sets Enhanced Standards for §1981 Race Discrimination Claims in Physician Privilege Cases

Date: Jan 22, 2022
Fourth Circuit Sets Enhanced Standards for §1981 Race Discrimination Claims in Physician Privilege Cases Introduction In the landmark case of Haritha Nadendla, M.D. v. WakeMed Cary Hospital, the...
Deliberate Indifference and Due Process in Prison Discipline: The Moskos v. Hardee Decision

Deliberate Indifference and Due Process in Prison Discipline: The Moskos v. Hardee Decision

Date: Jan 21, 2022
Deliberate Indifference and Due Process in Prison Discipline: The Moskos v. Hardee Decision Introduction In the landmark case of James Gary Moskos v. James Hardee et al. (24 F.4th 289, 2022), the...
Fourth Circuit Establishes Precedent on Compassionate Release Criteria Amid COVID-19

Fourth Circuit Establishes Precedent on Compassionate Release Criteria Amid COVID-19

Date: Jan 20, 2022
Fourth Circuit Establishes Precedent on Compassionate Release Criteria Amid COVID-19 Introduction In the landmark case of United States of America v. Nathan Petway, the United States Court of Appeals...
Affirmation of Summary Judgment in ADA Claims: Jessup v. Barnes Group, Inc.

Affirmation of Summary Judgment in ADA Claims: Jessup v. Barnes Group, Inc.

Date: Jan 20, 2022
Affirmation of Summary Judgment in ADA Claims: Jessup v. Barnes Group, Inc. Introduction In the case of Jeffrey A. Jessup v. Barnes Group, Incorporated, adjudicated by the United States Court of...
Affirmation of Deference to Sentencing Guidelines Commentary Post-Kisor

Affirmation of Deference to Sentencing Guidelines Commentary Post-Kisor

Date: Jan 20, 2022
Affirmation of Deference to Sentencing Guidelines Commentary Post-Kisor Introduction United States of America v. Lenair Moses is a pivotal case decided by the United States Court of Appeals for the...
Fourth Circuit Expands 'Collector' Definition and Interprets 'Any Amount' in MCDCA: Implications for Debt Collection Practices

Fourth Circuit Expands 'Collector' Definition and Interprets 'Any Amount' in MCDCA: Implications for Debt Collection Practices

Date: Jan 20, 2022
Fourth Circuit Expands 'Collector' Definition and Interprets 'Any Amount' in MCDCA: Implications for Debt Collection Practices Introduction The case Ashly Alexander; Cedric Bishop v. Carrington...
Fourth Circuit Emphasizes Individualized Review in Compassionate Release Cases

Fourth Circuit Emphasizes Individualized Review in Compassionate Release Cases

Date: Jan 14, 2022
Fourth Circuit Emphasizes Individualized Review in Compassionate Release Cases Introduction The case of United States of America v. Francis Curtis Davis addresses the critical standards for...
Controlled Substance Offenses and Career Offender Enhancements: Fourth Circuit Sets New Precedent

Controlled Substance Offenses and Career Offender Enhancements: Fourth Circuit Sets New Precedent

Date: Jan 8, 2022
Controlled Substance Offenses and Career Offender Enhancements: Fourth Circuit Sets New Precedent Introduction In the case of United States of America v. Trey Cardale Campbell, the United States...
Fourth Circuit Upholds Extended Supervised Release under 21 U.S.C. § 841(b)(1): 'Notwithstanding' Clause Overrides General Limits

Fourth Circuit Upholds Extended Supervised Release under 21 U.S.C. § 841(b)(1): 'Notwithstanding' Clause Overrides General Limits

Date: Jan 7, 2022
Fourth Circuit Upholds Extended Supervised Release under 21 U.S.C. § 841(b)(1): 'Notwithstanding' Clause Overrides General Limits Introduction In the case of United States of America v. Carlos Fabian...
Establishing Overtime Gap Time Claims under the Fair Labor Standards Act: Insights from Conner v. Cleveland County

Establishing Overtime Gap Time Claims under the Fair Labor Standards Act: Insights from Conner v. Cleveland County

Date: Jan 6, 2022
Establishing Overtime Gap Time Claims under the Fair Labor Standards Act: Insights from Conner v. Cleveland County Introduction The case of Sara B. Conner v. Cleveland County, North Carolina (22...
Integration of the Carmack Amendment in Preempting State Law Claims: A Comprehensive Analysis of Brentzel v. Fairfax Transfer and Storage, Inc.

Integration of the Carmack Amendment in Preempting State Law Claims: A Comprehensive Analysis of Brentzel v. Fairfax Transfer and Storage, Inc.

Date: Dec 30, 2021
Integration of the Carmack Amendment in Preempting State Law Claims: A Comprehensive Analysis of Brentzel v. Fairfax Transfer and Storage, Inc. Introduction Brentzel v. Fairfax Transfer and Storage,...
Affirmation of Denial for Compassionate Release: Procedural Sufficiency and Clerical Error Considerations under 18 U.S.C. § 3582(c)(1)(A)

Affirmation of Denial for Compassionate Release: Procedural Sufficiency and Clerical Error Considerations under 18 U.S.C. § 3582(c)(1)(A)

Date: Dec 30, 2021
Affirmation of Denial for Compassionate Release: Procedural Sufficiency and Clerical Error Considerations under 18 U.S.C. § 3582(c)(1)(A) Introduction The case of United States of America v. Dwight...
Fourth Circuit Affirms Denial of Habeas Relief in Capital Case

Fourth Circuit Affirms Denial of Habeas Relief in Capital Case

Date: Dec 21, 2021
Fourth Circuit Affirms Denial of Habeas Relief in Capital Case Introduction In the case of Mikal D. Mahdi v. Bryan Stirling, decided on December 20, 2021, the United States Court of Appeals for the...
Dismissal of Religious Discrimination Claim Against COVID-19 Executive Orders: Lighthouse Fellowship Church v. Northam

Dismissal of Religious Discrimination Claim Against COVID-19 Executive Orders: Lighthouse Fellowship Church v. Northam

Date: Dec 15, 2021
Dismissal of Religious Discrimination Claim Against COVID-19 Executive Orders: Lighthouse Fellowship Church v. Northam Introduction In the landmark case Lighthouse Fellowship Church v. Ralph Northam,...
Batson Challenge Upholding Conspiracy Conviction in Denied Jury Diversity

Batson Challenge Upholding Conspiracy Conviction in Denied Jury Diversity

Date: Dec 4, 2021
Batson Challenge Upholding Conspiracy Conviction in Denied Jury Diversity Introduction The case United States of America v. Terrance Deandre Dennis (19 F.4th 656) presents pivotal issues surrounding...
Fourth Circuit Revises Summary Judgment Standards in Sex and Age Discrimination and Equal Pay Act Claims

Fourth Circuit Revises Summary Judgment Standards in Sex and Age Discrimination and Equal Pay Act Claims

Date: Dec 4, 2021
Fourth Circuit Revises Summary Judgment Standards in Sex and Age Discrimination and Equal Pay Act Claims Introduction In the case of Tracy Sempowich v. Tactile Systems Technology, Inc., the United...
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