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4th Circuit Case Commentaries

“No Bivens for the Task-Force Warrant”: The Fourth Circuit’s New Limit on Constitutional Damages Actions Against U.S. Marshals

“No Bivens for the Task-Force Warrant”: The Fourth Circuit’s New Limit on Constitutional Damages Actions Against U.S. Marshals

Date: Aug 2, 2025
“No Bivens for the Task-Force Warrant”: The Fourth Circuit’s New Limit on Constitutional Damages Actions Against U.S. Marshals Introduction In Evy B. Orellana v. Deputy United States Marshal Ryan...
“Speak It or Lose It” – Fourth Circuit Re-Affirms the Rogers Rule on Oral Pronouncement of Supervised-Release Conditions in United States v. Kymberly Starr

“Speak It or Lose It” – Fourth Circuit Re-Affirms the Rogers Rule on Oral Pronouncement of Supervised-Release Conditions in United States v. Kymberly Starr

Date: Jul 31, 2025
“Speak It or Lose It” – Fourth Circuit Re-Affirms the Rogers Rule on Oral Pronouncement of Supervised-Release Conditions in United States v. Kymberly Starr 1. Introduction The Fourth Circuit’s...
“Disarming the Dangerous” after Bruen and Rahimi: The Fourth Circuit’s Endorsement of 18 U.S.C. § 922(g)(4) in United States v. Gould

“Disarming the Dangerous” after Bruen and Rahimi: The Fourth Circuit’s Endorsement of 18 U.S.C. § 922(g)(4) in United States v. Gould

Date: Jul 31, 2025
“Disarming the Dangerous” after Bruen and Rahimi: The Fourth Circuit’s Endorsement of 18 U.S.C. § 922(g)(4) United States v. James Gould (4th Cir. 2025) 1. Introduction United States v. James Gould...
“Distance Is No Defense” – Fourth Circuit Affirms Joint & Several Liability of Non-Present Partners and Clarifies Preservation Rules in Last-Clear-Chance Negligence Cases

“Distance Is No Defense” – Fourth Circuit Affirms Joint & Several Liability of Non-Present Partners and Clarifies Preservation Rules in Last-Clear-Chance Negligence Cases

Date: Jul 31, 2025
“Distance Is No Defense” – Fourth Circuit Affirms Joint & Several Liability of Non-Present Partners and Clarifies Preservation Rules in Last-Clear-Chance Negligence Cases Introduction Robbie G....
“Raise It or Lose It” – Preservation of Last-Clear-Chance Theories and Broad Trial-Management Discretion under Plyler v. Cox (4th Cir. 2025)

“Raise It or Lose It” – Preservation of Last-Clear-Chance Theories and Broad Trial-Management Discretion under Plyler v. Cox (4th Cir. 2025)

Date: Jul 31, 2025
“Raise It or Lose It” – Preservation of Last-Clear-Chance Theories and Broad Trial-Management Discretion under Plyler v. Cox (4th Cir. 2025) I. Introduction In Plyler v. Cox, the United States Court...
Columbia Gas v. RDFS – Fourth Circuit Affirms Expansive Maintenance Rights Under General Pipeline Easements and Clarifies Limits of the “Law-of-the-Case” Doctrine

Columbia Gas v. RDFS – Fourth Circuit Affirms Expansive Maintenance Rights Under General Pipeline Easements and Clarifies Limits of the “Law-of-the-Case” Doctrine

Date: Jul 31, 2025
Columbia Gas v. RDFS – Fourth Circuit Affirms Expansive Maintenance Rights Under General Pipeline Easements and Clarifies Limits of the “Law-of-the-Case” Doctrine Introduction Columbia Gas...
The “No-Return Email” Doctrine: Fourth Circuit Clarifies that Employment Contracts Must Explicitly Require Employees to Return Company Emails

The “No-Return Email” Doctrine: Fourth Circuit Clarifies that Employment Contracts Must Explicitly Require Employees to Return Company Emails

Date: Jul 31, 2025
The “No-Return Email” Doctrine: Fourth Circuit Clarifies that Employment Contracts Must Explicitly Require Employees to Return Company Emails 1. Introduction Aerotek, Inc. v. Kenneth Nosky, No....
“Same Taxpayer” Fixed at the Time of Payment: Fourth Circuit Clarifies § 6621(d) Interest-Netting After Mergers

“Same Taxpayer” Fixed at the Time of Payment: Fourth Circuit Clarifies § 6621(d) Interest-Netting After Mergers

Date: Jul 31, 2025
“Same Taxpayer” Fixed at the Time of Payment: Fourth Circuit Clarifies § 6621(d) Interest-Netting After Mergers 1. Introduction Bank of America Corporation v. United States, decided on 29 July 2025...
Self-Forwarded Emails and the Scope of Post-Employment Covenants: Allegis Group, Inc. v. Bero

Self-Forwarded Emails and the Scope of Post-Employment Covenants: Allegis Group, Inc. v. Bero

Date: Jul 31, 2025
Self-Forwarded Emails and the Scope of Post-Employment Covenants: The Fourth Circuit Defines the Limits of “Use” and “Return” Obligations in Allegis Group, Inc. v. Christopher Bero 1. Introduction...
“The Walton Standard” – Abuse-of-Discretion Review of Self-Representation in Supervised-Release Revocations

“The Walton Standard” – Abuse-of-Discretion Review of Self-Representation in Supervised-Release Revocations

Date: Jul 30, 2025
“The Walton Standard” – Abuse-of-Discretion Review of Self-Representation in Supervised-Release Revocations 1. Introduction United States v. Eric Arthur Walton, No. 23-4314 (4th Cir. Jul. 28, 2025),...
Post-Chevron Persuasive Deference & Transient Residency under SORNA: A Commentary on United States v. Jason Kokinda (4th Cir. 2025)

Post-Chevron Persuasive Deference & Transient Residency under SORNA: A Commentary on United States v. Jason Kokinda (4th Cir. 2025)

Date: Jul 30, 2025
Post-Chevron Persuasive Deference & Transient Residency under SORNA Comprehensive Commentary on United States v. Jason Kokinda, 4th Cir., 28 July 2025 1. Introduction United States v. Jason Kokinda...
Clarifying Risk Allocation in Appeal Waivers after Guideline Amendments – A Commentary on United States v. Tovis Richardson (4th Cir. 2025)

Clarifying Risk Allocation in Appeal Waivers after Guideline Amendments – A Commentary on United States v. Tovis Richardson (4th Cir. 2025)

Date: Jul 30, 2025
Clarifying Risk Allocation in Appeal Waivers after Guideline Amendments – A Commentary on United States v. Tovis Richardson (4th Cir. 2025) 1. Introduction The Fourth Circuit’s published decision in...
Decoupling Possessory Delay from Subsequent Searches: The Fourth Circuit’s “Wrong-Sovereign” Principle in United States v. Krueger

Decoupling Possessory Delay from Subsequent Searches: The Fourth Circuit’s “Wrong-Sovereign” Principle in United States v. Krueger

Date: Jul 30, 2025
Decoupling Possessory Delay from Subsequent Searches: The Fourth Circuit’s “Wrong-Sovereign” Principle in United States v. Krueger Introduction United States v. Andrew David Krueger, No. 24-4328 (4th...
“No Court Before Completion” – The Fourth Circuit’s Robust Re-statement of the Complete Arbitration Rule in Wheeling Power Co.-Mitchell Plant v. Local 492, UWUA (AFL-CIO)

“No Court Before Completion” – The Fourth Circuit’s Robust Re-statement of the Complete Arbitration Rule in Wheeling Power Co.-Mitchell Plant v. Local 492, UWUA (AFL-CIO)

Date: Jul 30, 2025
“No Court Before Completion”: The Fourth Circuit’s Robust Re-statement of the Complete Arbitration Rule Introduction In Wheeling Power Company – Mitchell Plant v. Local 492, Utility Workers Union of...
Fourth Circuit Limits the “Intervening-Event” Defense in FSMA Whistle-blower Litigation

Fourth Circuit Limits the “Intervening-Event” Defense in FSMA Whistle-blower Litigation

Date: Jul 30, 2025
Fourth Circuit Limits the “Intervening-Event” Defense in FSMA Whistle-blower Litigation Introduction In Wilbert Finley v. Kraft Heinz Inc., the United States Court of Appeals for the Fourth Circuit...
United States v. Sanders: Fourth Circuit Re-Affirms Deference to § 2B1.1 “Sophisticated Means” Commentary and Validates the “Secretive or Irregular Transaction” Intent Instruction

United States v. Sanders: Fourth Circuit Re-Affirms Deference to § 2B1.1 “Sophisticated Means” Commentary and Validates the “Secretive or Irregular Transaction” Intent Instruction

Date: Jul 30, 2025
United States v. Sanders: Fourth Circuit Re-Affirms Deference to § 2B1.1 “Sophisticated Means” Commentary and Validates the “Secretive or Irregular Transaction” Intent Instruction Introduction In...
“Prospective Ineffectiveness” – Hicks v. Frame Sets a Present-Tense Limit on Excusing Habeas Exhaustion for State Delay

“Prospective Ineffectiveness” – Hicks v. Frame Sets a Present-Tense Limit on Excusing Habeas Exhaustion for State Delay

Date: Jul 25, 2025
“Prospective Ineffectiveness” – Hicks v. Frame Sets a Present-Tense Limit on Excusing Habeas Exhaustion for State Delay Introduction Hicks v. Frame, No. 23-6447 (4th Cir. July 23, 2025), is a...
Commissions on Insurance Premiums Are Not “Fees” Under Maryland’s CLEC – A Commentary on Paul French v. 21st Mortgage Corp.

Commissions on Insurance Premiums Are Not “Fees” Under Maryland’s CLEC – A Commentary on Paul French v. 21st Mortgage Corp.

Date: Jul 25, 2025
Commissions on Insurance Premiums Are Not “Fees” Under Maryland’s Credit Grantor Closed End Credit Provisions (CLEC) 1. Introduction In Paul French v. 21st Mortgage Corporation, the United States...
Hammock v. Watts: The Fourth Circuit Lowers the Pleading Bar and Narrows Qualified Immunity in Prison Food-Safety and Free-Exercise Litigation

Hammock v. Watts: The Fourth Circuit Lowers the Pleading Bar and Narrows Qualified Immunity in Prison Food-Safety and Free-Exercise Litigation

Date: Jul 25, 2025
Hammock v. Watts: The Fourth Circuit Lowers the Pleading Bar and Narrows Qualified Immunity in Prison Food-Safety and Free-Exercise Litigation Introduction In Terrence Hammock v. Gail Watts, the...
Clarifying Prejudice Under Rule 11: The Fourth Circuit’s Decision in United States v. Solis-Rodriguez

Clarifying Prejudice Under Rule 11: The Fourth Circuit’s Decision in United States v. Solis-Rodriguez

Date: Jul 25, 2025
Clarifying Prejudice Under Rule 11: The Fourth Circuit Re-Defines When a Mis-Stated Maximum Penalty Warrants Vacatur of a Guilty Plea Introduction In United States v. Edin Solis-Rodriguez, No....
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