4th Circuit Case Commentaries

Res Judicata and Qualified Immunity Uphold No-Trespass Bans in Educational Settings

Date: Dec 4, 2021

Res Judicata and Qualified Immunity Uphold No-Trespass Bans in Educational Settings Introduction In the case of Brian Davison v. Loudoun County School Board et al. (19 F.4th 626, 2021), the United...

Fourth Circuit Establishes Standards for Exhaustion of Administrative Remedies and Deliberate Indifference in §1983 Claims by Pretrial Detainees

Date: Dec 3, 2021

Fourth Circuit Establishes Standards for Exhaustion of Administrative Remedies and Deliberate Indifference in §1983 Claims by Pretrial Detainees Introduction In Eric Wayne Moss v. Buddy Harwood et...

Significant Injury Standard in Sentencing: United States v. Lewis

Date: Dec 2, 2021

Significant Injury Standard in Sentencing: United States v. Lewis Introduction The case of United States of America v. Melvin Thomas Lewis, decided by the United States Court of Appeals for the...

Burr v. Jackson: Upholding the Standard of Deference in Brady and Napue Claims

Date: Dec 1, 2021

Burr v. Jackson: Upholding the Standard of Deference in Brady and Napue Claims Introduction John Edward Burr, the petitioner-appellant, was convicted in 1993 for the 1991 murder of his infant sister,...

Application of the Feres Doctrine and Discretionary Function Exception in Wrongful Death Claims: Insights from Carol V. Clendening v. United States

Date: Dec 1, 2021

Application of the Feres Doctrine and Discretionary Function Exception in Wrongful Death Claims: Insights from Carol V. Clendening v. United States Introduction The case of Carol V. Clendening v....

Fourth Circuit Upholds Maryland's Voter List Use Restrictions: A New Precedent in Election Law

Date: Nov 20, 2021

Fourth Circuit Upholds Maryland's Voter List Use Restrictions: A New Precedent in Election Law Introduction In the landmark case of Dennis Fusaro v. Charlton T. Howard, III et al., the United States...

Affirmation of Ineffective Assistance of Counsel Claim in Plea Negotiations: Walters v. Martin

Date: Nov 19, 2021

Affirmation of Ineffective Assistance of Counsel Claim in Plea Negotiations: Walters v. Martin Introduction John Walters, the petitioner-appellant, appealed the denial of his federal habeas corpus...

Limits on Tribal Arbitration Clauses and Sovereign Immunity in Consumer Lending: A Fourth Circuit Analysis

Date: Nov 17, 2021

Limits on Tribal Arbitration Clauses and Sovereign Immunity in Consumer Lending: A Fourth Circuit Analysis Introduction In the landmark case George Hengle et al. v. Sherry Treppa et al., the United...

Affirming Extraterritorial Jurisdiction Over §1956(h) Money Laundering Conspiracies: Insights from United States v. Ojedokun

Date: Oct 27, 2021

Affirming Extraterritorial Jurisdiction Over §1956(h) Money Laundering Conspiracies: Insights from United States v. Ojedokun Introduction In United States of America v. Seun Banjo Ojedokun, the...

Interpretation of 18 U.S.C. § 3582(c)(1)(A): Administrative Exhaustion vs. Time-Based Filing in United States v. Saeed Abdul Muhammad

Date: Oct 21, 2021

Interpretation of 18 U.S.C. § 3582(c)(1)(A): Administrative Exhaustion vs. Time-Based Filing in United States v. Saeed Abdul Muhammad Introduction In the landmark case of United States of America v....

U.S. v. Curbow: Upholding Civil Commitment Procedures and the Doctrine of Waiver under 18 U.S.C. § 4246

Date: Oct 20, 2021

U.S. v. Curbow: Upholding Civil Commitment Procedures and the Doctrine of Waiver under 18 U.S.C. § 4246 Introduction In the case of United States of America v. Gary Curbow, decided on October 19,...

Affirmation of Pleading Standards in ADEA Claims: Loose v. CSRA Inc.

Date: Sep 30, 2021

Affirmation of Pleading Standards in ADEA Claims: Loose v. CSRA Inc. Introduction The case David Loose v. CSRA Inc.; General Dynamics Information Technology, Inc.; General Dynamics Corporation was...

Doctrine of Mootness Upholds Dismissal in Second Amendment Challenge

Date: Sep 23, 2021

Doctrine of Mootness Upholds Dismissal in Second Amendment Challenge Introduction In the case of Tanner HIRSCHFELD; Natalia Marshall v. Bureau of Alcohol, Firearms, Tobacco & Explosives, the...

Impact of Accurate Factual Findings on Compassionate Release: Analysis of United States v. Lorenzo Butts

Date: Sep 3, 2021

Impact of Accurate Factual Findings on Compassionate Release: Analysis of United States v. Lorenzo Butts Introduction United States v. Lorenzo Butts is a notable case adjudicated by the United States...

Fourth Circuit Establishes Critical Precedents on ADA Applicability to Independent Contractors and Retaliation Claims in Disability Discrimination Cases

Date: Sep 2, 2021

Fourth Circuit Establishes Critical Precedents on ADA Applicability to Independent Contractors and Retaliation Claims in Disability Discrimination Cases Introduction In the landmark case of Tina...

Affirmation of Sixth Amendment Right to Self-Representation During Capital Sentencing: Dylann Roof v. United States

Date: Aug 26, 2021

Affirmation of Sixth Amendment Right to Self-Representation During Capital Sentencing Introduction In the landmark case of United States of America v. Dylann Storm Roof, the United States Court of...

Reinforcing the Trial Court’s Gatekeeping Role: Exclusion of Improper Expert Testimony in Products Liability under Daubert Standards

Date: Aug 21, 2021

Reinforcing the Trial Court’s Gatekeeping Role: Exclusion of Improper Expert Testimony in Products Liability under Daubert Standards Introduction In the case of Andrea Sardis, As Administrator of the...

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