4th Circuit Case Commentaries

New Precedent in Sentencing: Aggregating Suspended and Active Prison Terms under N.C. Gen. Stat. § 15A-1351(a)

Date: Feb 22, 2025

New Precedent in Sentencing: Aggregating Suspended and Active Prison Terms under N.C. Gen. Stat. § 15A-1351(a) Introduction The case of United States of America v. Jerry Lee Edwards represents a...

Upholding the "Unable or Unwilling" Government Control Requirement in Asylum Law

Date: Feb 22, 2025

Upholding the "Unable or Unwilling" Government Control Requirement in Asylum Law Introduction The case of BRYAN ALEXIS MOLINA-DIAZ; CONY VANESSA PASCUAL DE MOLINA Petitioners v. PAMELA JO BONDI,...

Vacating a Guilty Plea on the Basis of Systemic Government Misconduct: A New Precedent on Involuntariness

Date: Feb 22, 2025

Vacating a Guilty Plea on the Basis of Systemic Government Misconduct: A New Precedent on Involuntariness Introduction In the case of United States of America v. Dashawn Leonard Garrett (Case No....

Establishing a Claim-by-Claim Analysis Under the False Claims Act’s First-to-File Rule

Date: Feb 19, 2025

Establishing a Claim-by-Claim Analysis Under the False Claims Act’s First-to-File Rule Introduction The recent opinion from the United States Court of Appeals for the Fourth Circuit marks an...

New Precedent on Timely Exhaustion of Remedies and Reasonable Accommodation in Federal Employment Discrimination Claims

Date: Feb 19, 2025

New Precedent on Timely Exhaustion of Remedies and Reasonable Accommodation in Federal Employment Discrimination Claims Introduction The case of Thuy-Ai Nguyen v. Scott Bessent, Secretary of the...

Jackson v. Carin: Upholding Qualified Immunity and Reinforcing Standards for Warrant Affidavits

Date: Feb 17, 2025

Jackson v. Carin: Upholding Qualified Immunity and Reinforcing Standards for Warrant Affidavits Introduction In the landmark case of Jackson v. Carin, decided by the United States Court of Appeals...

Deference to Military Decision-Making: The Fourth Circuit's Affirmation in Dorado-Ocasio v. Averill

Date: Feb 17, 2025

Deference to Military Decision-Making: The Fourth Circuit's Affirmation in Dorado-Ocasio v. Averill Introduction Gardenia M. Dorado-Ocasio v. Mark Averill is a landmark case heard by the United...

Fourth Circuit Affirms Denial of Antitrust Class Certification for Manufacturer Purchasers in Coupon Processing Conspiracy Case

Date: Feb 17, 2025

Fourth Circuit Affirms Denial of Antitrust Class Certification for Manufacturer Purchasers in Coupon Processing Conspiracy Case Introduction In the case of MR. DEE'S INC. et al. v. INMAR, INC. et...

Enforceability of Appeal Waivers and Validity of Guilty Pleas in Sherrill v. United States

Date: Feb 17, 2025

Enforceability of Appeal Waivers and Validity of Guilty Pleas in Sherrill v. United States Introduction In the case of United States of America v. David Lorenzo Sherrill, the United States Court of...

Expansion of Automatic Stay on District Court Proceedings Pending Interlocutory Appeals: Fourth Circuit's Decision in City of Martinsville v. Express Scripts, Inc. & OptumRx, Inc.

Date: Feb 13, 2025

Expansion of Automatic Stay on District Court Proceedings Pending Interlocutory Appeals: Fourth Circuit's Decision in City of Martinsville v. Express Scripts, Inc. & OptumRx, Inc. Introduction The...

Affirmation of Qualified Privilege in Defamation Claims: WILLARDA V. EDWARDS, M.D. v. AMERICAN MEDICAL ASSOCIATION, INC.

Date: Feb 13, 2025

Affirmation of Qualified Privilege in Defamation Claims: WILLARDA V. EDWARDS, M.D. v. AMERICAN MEDICAL ASSOCIATION, INC. Introduction In the case of Willarda V. Edwards, M.D. vs. American Medical...

Affirmation of Denied Qualified Immunity in Fourth Circuit: McKenna v. Bristol VA Police Officers

Date: Feb 9, 2025

Affirmation of Denied Qualified Immunity in Fourth Circuit: McKenna v. Bristol VA Police Officers Introduction The case of Tony McKenna v. Bristol VA Police Officers presents a significant...

4th Circuit Clarifies Withdrawal Rights in LLP Operating Agreements Post-Dissolution Event

Date: Feb 9, 2025

4th Circuit Clarifies Withdrawal Rights in LLP Operating Agreements Post-Dissolution Event Introduction In the case of Gary D. LeClair, Appellant, v. Lynn Tavenner, Trustee-Appellee, heard by the...

Reinforcing 'Plain Error' Standards in Sentencing for Aggravated Felony Reentry under 8 U.S.C. §1326

Date: Feb 9, 2025

Reinforcing 'Plain Error' Standards in Sentencing for Aggravated Felony Reentry under 8 U.S.C. §1326 Introduction The case of United States of America v. Javier Iván Chavez Dominguez adjudicated by...

Defamation Standards in Business Credit Reporting: Insights from RE Carroll Management Co. v. Dun & Bradstreet

Date: Feb 9, 2025

Defamation Standards in Business Credit Reporting: Insights from RE Carroll Management Co. v. Dun & Bradstreet Introduction The case of RE Carroll Management Company; CIP Construction Company;...

Proper Application of Sentencing Enhancements and Ineffective Assistance Standards Affirmed in United States v. Graham

Date: Feb 9, 2025

Proper Application of Sentencing Enhancements and Ineffective Assistance Standards Affirmed in United States v. Graham Introduction United States v. Kenneth Graham is a significant appellate decision...

Limitations on Defendant’s Right to Substitute Counsel: Analysis of United States v. McCree

Date: Feb 9, 2025

Limitations on Defendant’s Right to Substitute Counsel: Analysis of United States v. McCree Introduction In the case of United States of America v. Frank Giles McCree, decided on February 6, 2025, by...

Enhancing Sentences in Telemarketing Fraud: The Rojay Lawson Case

Date: Feb 9, 2025

Enhancing Sentences in Telemarketing Fraud: The Rojay Lawson Case Introduction The case of United States of America v. Rojay Lawson presents a significant judicial decision that addresses the...

Finality of District Court Orders and Appellate Jurisdiction: Insights from The Estate of Trina L. Cunningham v. Mayor and City Council of Baltimore

Date: Feb 9, 2025

Finality of District Court Orders and Appellate Jurisdiction: Insights from The Estate of Trina L. Cunningham v. Mayor and City Council of Baltimore Introduction The case of The Estate of Trina L....

Establishing the Primacy of Pullman Abstention in Election Law Disputes: Griffin v. North Carolina State Board of Elections

Date: Feb 7, 2025

Establishing the Primacy of Pullman Abstention in Election Law Disputes: Griffin v. North Carolina State Board of Elections Introduction The case of Jefferson Griffin v. North Carolina State Board of...