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  • Commentaries
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4th Circuit Case Commentaries

States Cannot Use § 3502(d) RIF Notice to Police Federal Personnel Management: Fourth Circuit Tightens Standing and Redressability in State of Maryland v. USDA

States Cannot Use § 3502(d) RIF Notice to Police Federal Personnel Management: Fourth Circuit Tightens Standing and Redressability in State of Maryland v. USDA

Date: Sep 9, 2025
States Cannot Use § 3502(d) RIF Notice to Police Federal Personnel Management: Fourth Circuit Tightens Standing and Redressability in State of Maryland v. USDA Introduction In a published decision,...
Proper Parties, Proper Relief: Fourth Circuit Bars State Standing to Enjoin Federal Workforce Reductions Based on Missed RIF Notice

Proper Parties, Proper Relief: Fourth Circuit Bars State Standing to Enjoin Federal Workforce Reductions Based on Missed RIF Notice

Date: Sep 9, 2025
Proper Parties, Proper Relief: Fourth Circuit Bars State Standing to Enjoin Federal Workforce Reductions Based on Missed RIF Notice Case: State of Maryland v. USDA (consolidated appeals Nos. 25-1248...
Aggregating Risk Under CAT: The Fourth Circuit Requires the BIA to Meaningfully Address All Theories and Evidence of Torture — McDougall v. Bondi

Aggregating Risk Under CAT: The Fourth Circuit Requires the BIA to Meaningfully Address All Theories and Evidence of Torture — McDougall v. Bondi

Date: Sep 8, 2025
Aggregating Risk Under CAT: The Fourth Circuit Requires the BIA to Meaningfully Address All Theories and Evidence of Torture — McDougall v. Bondi Introduction In Marlon McDougall v. Pamela Bondi, the...
Fourth Circuit Clarifies Vaccine Act Exhaustion: Special Masters’ Timeliness Rulings Are Preclusive; Gardasil’s Table Listing Upheld Under the Presentment Clause

Fourth Circuit Clarifies Vaccine Act Exhaustion: Special Masters’ Timeliness Rulings Are Preclusive; Gardasil’s Table Listing Upheld Under the Presentment Clause

Date: Sep 8, 2025
Fourth Circuit Clarifies Vaccine Act Exhaustion: Special Masters’ Timeliness Rulings Are Preclusive; Gardasil’s Table Listing Upheld Under the Presentment Clause Introduction In a published decision...
Fourth Circuit Clarifies: Special Masters’ Timeliness Rulings Under the Vaccine Act Are Preclusive Gatekeepers to Tort Suits; Gardasil’s Table Addition Comports with the Presentment Clause

Fourth Circuit Clarifies: Special Masters’ Timeliness Rulings Under the Vaccine Act Are Preclusive Gatekeepers to Tort Suits; Gardasil’s Table Addition Comports with the Presentment Clause

Date: Sep 8, 2025
Fourth Circuit Clarifies: Special Masters’ Timeliness Rulings Under the Vaccine Act Are Preclusive Gatekeepers to Tort Suits; Gardasil’s Table Addition Comports with the Presentment Clause...
Timeliness Determinations Under the Vaccine Act Are Binding in Subsequent Tort Suits; Gardasil’s Addition to the Vaccine Injury Table Upheld Under the Presentment Clause

Timeliness Determinations Under the Vaccine Act Are Binding in Subsequent Tort Suits; Gardasil’s Addition to the Vaccine Injury Table Upheld Under the Presentment Clause

Date: Sep 8, 2025
Timeliness Determinations Under the Vaccine Act Are Binding in Subsequent Tort Suits; Gardasil’s Addition to the Vaccine Injury Table Upheld Under the Presentment Clause Introduction This published...
Limitation Actions Do Not Implicate State Sovereign Immunity When the State Voluntarily Files a Claim: Fourth Circuit in Jackson Creek Marine v. State of Maryland

Limitation Actions Do Not Implicate State Sovereign Immunity When the State Voluntarily Files a Claim: Fourth Circuit in Jackson Creek Marine v. State of Maryland

Date: Sep 8, 2025
Limitation Actions Do Not Implicate State Sovereign Immunity When the State Voluntarily Files a Claim: Fourth Circuit in Jackson Creek Marine v. State of Maryland Court: United States Court of...
Fourth Circuit sets damages blueprint for “uninsurability” claims: face value of life insurance is not the measure; plaintiffs must prove expected lifespan to quantify increased premiums with reasonable certainty

Fourth Circuit sets damages blueprint for “uninsurability” claims: face value of life insurance is not the measure; plaintiffs must prove expected lifespan to quantify increased premiums with reasonable certainty

Date: Sep 8, 2025
Fourth Circuit sets damages blueprint for “uninsurability” claims: face value of life insurance is not the measure; plaintiffs must prove expected lifespan to quantify increased premiums with...
Material Support Means Substantial Aid to Terrorist Activities: Fourth Circuit Narrows INA Bar; Forced Cooking for Captors Is Not “Material Support”

Material Support Means Substantial Aid to Terrorist Activities: Fourth Circuit Narrows INA Bar; Forced Cooking for Captors Is Not “Material Support”

Date: Sep 8, 2025
Material Support Means Substantial Aid to Terrorist Activities: Fourth Circuit Narrows INA Bar; Forced Cooking for Captors Is Not “Material Support” Introduction This published decision from the...
Residency‑Neutral, In‑State Educational Criteria in Cannabis Social‑Equity Licensing Do Not Discriminate Under the Dormant Commerce Clause: Jensen v. Maryland Cannabis Administration (4th Cir. 2025)

Residency‑Neutral, In‑State Educational Criteria in Cannabis Social‑Equity Licensing Do Not Discriminate Under the Dormant Commerce Clause: Jensen v. Maryland Cannabis Administration (4th Cir. 2025)

Date: Sep 8, 2025
Residency‑Neutral, In‑State Educational Criteria in Cannabis Social‑Equity Licensing Do Not Discriminate Under the Dormant Commerce Clause Commentary on Justyna Jensen v. Maryland Cannabis...
Clear Ownership or No Injunction: Fourth Circuit Reaffirms Priority-of-Use for Unregistered Marks and Tightens UDTPA Use in Employer–Employee Branding Disputes

Clear Ownership or No Injunction: Fourth Circuit Reaffirms Priority-of-Use for Unregistered Marks and Tightens UDTPA Use in Employer–Employee Branding Disputes

Date: Sep 8, 2025
Clear Ownership or No Injunction: Fourth Circuit Reaffirms Priority-of-Use for Unregistered Marks and Tightens UDTPA Use in Employer–Employee Branding Disputes Introduction This commentary analyzes...
Schools Within Parks Sustain Firearm Bans on Facial Review; Signage-Based Enforcement Defeats Pre‑Enforcement Standing — A Structured Commentary on LaFave v. County of Fairfax (4th Cir. 2025)

Schools Within Parks Sustain Firearm Bans on Facial Review; Signage-Based Enforcement Defeats Pre‑Enforcement Standing — A Structured Commentary on LaFave v. County of Fairfax (4th Cir. 2025)

Date: Aug 31, 2025
Schools Within Parks Sustain Firearm Bans on Facial Review; Signage-Based Enforcement Defeats Pre‑Enforcement Standing — A Structured Commentary on LaFave v. County of Fairfax (4th Cir. 2025)...
Title VII’s 90‑Day Rule Stays in Its Lane: Fourth Circuit Bars Relation‑Back for Discrete Acts and Rejects Cross‑Statute Procedural Borrowing in Hollis v. Morgan State University

Title VII’s 90‑Day Rule Stays in Its Lane: Fourth Circuit Bars Relation‑Back for Discrete Acts and Rejects Cross‑Statute Procedural Borrowing in Hollis v. Morgan State University

Date: Aug 31, 2025
Title VII’s 90‑Day Rule Stays in Its Lane: Fourth Circuit Bars Relation‑Back for Discrete Acts and Rejects Cross‑Statute Procedural Borrowing Comprehensive Commentary on Hollis v. Morgan State...
Discretion Required: Fourth Circuit Holds South Carolina’s Quasi‑Judicial Administrative Immunity Applies Only to Discretionary Acts

Discretion Required: Fourth Circuit Holds South Carolina’s Quasi‑Judicial Administrative Immunity Applies Only to Discretionary Acts

Date: Aug 31, 2025
Discretion Required: Fourth Circuit Holds South Carolina’s Quasi‑Judicial Administrative Immunity Applies Only to Discretionary Acts Commentary on Tim Landholt v. Kendall Corley & Jeanette McBride,...
Projected Sold Adjustments Alone Do Not Establish Breach or Support Class Certification: Fourth Circuit Requires Concrete Injury and Individualized Proof of Underpayment in Total-Loss ACV Cases

Projected Sold Adjustments Alone Do Not Establish Breach or Support Class Certification: Fourth Circuit Requires Concrete Injury and Individualized Proof of Underpayment in Total-Loss ACV Cases

Date: Aug 28, 2025
Projected Sold Adjustments Alone Do Not Establish Breach or Support Class Certification: Fourth Circuit Requires Concrete Injury and Individualized Proof of Underpayment in Total-Loss ACV Cases...
Cumulative Rule 11 Errors—Including a Misstated Appeal Waiver—Invalidate Guilty Plea and Waiver: United States v. Ponce (4th Cir. 2025)

Cumulative Rule 11 Errors—Including a Misstated Appeal Waiver—Invalidate Guilty Plea and Waiver: United States v. Ponce (4th Cir. 2025)

Date: Aug 28, 2025
Cumulative Rule 11 Errors—Including a Misstated Appeal Waiver—Invalidate Guilty Plea and Waiver: United States v. Ponce (4th Cir. 2025) Introduction In United States v. Abisail Ramirez Ponce, No....
The Wilson Clarification: Plea Stipulations Alone Do Not Restrict Government Sentencing Advocacy Absent Explicit Limits

The Wilson Clarification: Plea Stipulations Alone Do Not Restrict Government Sentencing Advocacy Absent Explicit Limits

Date: Aug 28, 2025
The Wilson Clarification: Plea Stipulations Alone Do Not Restrict Government Sentencing Advocacy Absent Explicit Limits Introduction In United States v. William Dayshawn Wilson, a published decision...
Commentary: United States v. Amir Golestan & Micfo, LLC – IP Addresses as “Property,” Ciminelli’s Limits, and the Scope of Rule 11 Immigration Warnings

Commentary: United States v. Amir Golestan & Micfo, LLC – IP Addresses as “Property,” Ciminelli’s Limits, and the Scope of Rule 11 Immigration Warnings

Date: Aug 25, 2025
United States v. Amir Golestan & Micfo, LLC – IP Addresses as “Property,” Ciminelli’s Limits, and the Scope of Rule 11 Immigration Warnings Introduction United States v. Golestan is the Fourth...
“No Constructive Conditional Plea”: The Fourth Circuit’s Clarification on Appellate Rights and Rogers Consistency in United States v. Kyrie Thompson

“No Constructive Conditional Plea”: The Fourth Circuit’s Clarification on Appellate Rights and Rogers Consistency in United States v. Kyrie Thompson

Date: Aug 25, 2025
“No Constructive Conditional Plea”: The Fourth Circuit’s Clarification on Appellate Rights and Rogers Consistency in United States v. Kyrie Thompson Introduction In United States v. Kyrie Thompson,...
Fourth Circuit Clarifies That IPv4 Addresses Are “Property” Under the Federal Fraud Statutes and Sets Harmless-Error Standard for Rule 11 Immigration Warnings to Naturalized Citizens

Fourth Circuit Clarifies That IPv4 Addresses Are “Property” Under the Federal Fraud Statutes and Sets Harmless-Error Standard for Rule 11 Immigration Warnings to Naturalized Citizens

Date: Aug 25, 2025
Fourth Circuit Clarifies That IPv4 Addresses Are “Property” Under the Federal Fraud Statutes and Sets Harmless-Error Standard for Rule 11 Immigration Warnings to Naturalized Citizens Introduction...
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