4th Circuit Case Commentaries

4th Circuit Sets New Standards for BIA Review in CAT Deferral Cases: Funez-Ortiz v. McHenry

Date: Feb 7, 2025

4th Circuit Sets New Standards for BIA Review in CAT Deferral Cases: Funez-Ortiz v. McHenry Introduction The case of Melvin Israel Funez-Ortiz v. James R. McHenry, III represents a significant...

Fourth Circuit Affirms Broad Section 230 Immunity for Facebook in Tort Claims

Date: Feb 7, 2025

Fourth Circuit Affirms Broad Section 230 Immunity for Facebook in Tort Claims Introduction In the landmark case of M.P. v. Meta Platforms Inc. et al., the United States Court of Appeals for the...

Fourth Circuit Establishes Duty for ERISA Administrators to Address Conflicting Social Security Evidence

Date: Feb 7, 2025

Fourth Circuit Establishes Duty for ERISA Administrators to Address Conflicting Social Security Evidence Introduction In the case of Jeremy Smith v. Cox Enterprises, Inc. Welfare Benefits Plan, the...

Affirmation of Lack of Standing in Maryland Election Integrity v. State Board of Elections

Date: Feb 7, 2025

Affirmation of Lack of Standing in Maryland Election Integrity, LLC; United Sovereign Americans, Inc. v. Maryland State Board of Elections Introduction The case of Maryland Election Integrity, LLC;...

Affirmation of Indictment Sufficiency and Sentencing Enhancements: United States v. Davenport

Date: Feb 7, 2025

Affirmation of Indictment Sufficiency and Sentencing Enhancements in RICO Cases: United States v. Davenport Introduction The case of United States of America v. Antonio Nathaniel Davenport, Jr.,...

Fourth Circuit Rules Plaintiffs Lack Standing to Enjoin ASMFC's Striped Bass Management Plan

Date: Feb 7, 2025

Fourth Circuit Rules Plaintiffs Lack Standing to Enjoin ASMFC's Striped Bass Management Plan Introduction In the case of Delmarva Fisheries Association, Inc. et al. v. Atlantic States Marine...

Fourth Circuit Establishes Retaliation Claims Under ACA §1557: Lucas v. VHC Health

Date: Feb 7, 2025

Fourth Circuit Establishes Retaliation Claims Under ACA §1557: Lucas v. VHC Health Introduction In the landmark case of Nia Lucas; A.M., II, a minor, by and through his Guardian ad Litem, Nia Lucas,...

Affirming Career Offender Designation Standards and Harmless Error in Sentencing: United States v. Houston Phillips

Date: Feb 7, 2025

Affirming Career Offender Designation Standards and Harmless Error in Sentencing: United States v. Houston Phillips Introduction In the case of United States of America v. Houston Phillips, the...

Enhanced Protections for Whistleblowers and Reverse False Claims under the False Claims Act: Fourth Circuit Establishes New Precedents in Acadia Healthcare Case

Date: Feb 6, 2025

Enhanced Protections for Whistleblowers and Reverse False Claims under the False Claims Act: Fourth Circuit Establishes New Precedents in Acadia Healthcare Case Introduction The United States Court...

Affirmation of N.C. Gen. Stat. §14-32(c) as a Crime of Violence under U.S. Sentencing Guidelines and Upholding Enhancements for Evasive Conduct

Date: Feb 3, 2025

Affirmation of N.C. Gen. Stat. §14-32(c) as a Crime of Violence under U.S. Sentencing Guidelines and Upholding Enhancements for Evasive Conduct Introduction In the case of United States of America v....

Affirmation of Valid Guilty Plea and Sentence in United States v. Myers: Establishing Standards for Plea Validity and Sentencing Reasonableness

Date: Feb 2, 2025

Affirmation of Valid Guilty Plea and Sentence in United States v. Myers: Establishing Standards for Plea Validity and Sentencing Reasonableness Introduction In the case of United States of America...

Affirming Probable Cause and Absence of Malice in FTCA Malicious Prosecution Claims

Date: Feb 2, 2025

Affirming Probable Cause and Absence of Malice in FTCA Malicious Prosecution Claims Introduction Reddy Vijay Annappareddy v. United States of America and several federal officials, adjudicated by the...

Clarifying the Application of Federal Rules of Evidence under Rule 71.1(h) in Eminent Domain Proceedings

Date: Jan 31, 2025

Clarifying the Application of Federal Rules of Evidence under Rule 71.1(h) in Eminent Domain Proceedings Introduction The case of Mountain Valley Pipeline, LLC v. Elizabeth Lee Terry addresses...

Mountain Valley Pipeline v. Bohon: Fourth Circuit Reaffirms Standard Evidentiary Standards for Expert Testimony in Eminent Domain Cases

Date: Jan 31, 2025

Mountain Valley Pipeline v. Bohon: Fourth Circuit Reaffirms Standard Evidentiary Standards for Expert Testimony in Eminent Domain Cases Introduction The case of Mountain Valley Pipeline, LLC v....

Clarifying Forcible Assault and Sentencing Discretion: Insights from United States v. Johnson

Date: Jan 31, 2025

Clarifying Forcible Assault and Sentencing Discretion: Insights from United States v. Johnson Introduction In United States v. Ikeviaun Quamon Johnson, the United States Court of Appeals for the...

Fourth Circuit Clarifies Evidentiary Standards for Just Compensation in Eminent Domain through Terry v. MVP

Date: Jan 31, 2025

Fourth Circuit Clarifies Evidentiary Standards for Just Compensation in Eminent Domain through Terry v. MVP Introduction In the landmark case of Mountain Valley Pipeline, LLC v. 0.32 Acres of Land...

Fourth Circuit Affirms Procedural Default in Extending Eighth Amendment Protections to FASD

Date: Jan 31, 2025

Fourth Circuit Affirms Procedural Default in Extending Eighth Amendment Protections to Fetal Alcohol Spectrum Disorder (FASD) Introduction In the landmark case of Stephen Corey Bryant v. Bryan P....

Enforcement of Arbitration Agreements under SCRA and FAA: Espin et al. v. Citibank, N.A. - Fourth Circuit Analysis

Date: Jan 31, 2025

Enforcement of Arbitration Agreements under SCRA and FAA: Espin et al. v. Citibank, N.A. - Fourth Circuit Analysis Introduction In the landmark case of Espin et al. v. Citibank, N.A., adjudicated by...

Affirmation of Sentencing Guidelines Application in Conspiracy to Distribute Methamphetamine Cases

Date: Jan 31, 2025

Affirmation of Sentencing Guidelines Application in Conspiracy to Distribute Methamphetamine Cases Introduction The case of United States of America v. Enis Dauti serves as a pivotal judicial...

Fourth Circuit Clarifies Standards for Ineffective Assistance of Counsel Claims Regarding Suppression Motions and Plea Negotiations in §2255 Petitions

Date: Jan 29, 2025

Fourth Circuit Clarifies Standards for Ineffective Assistance of Counsel Claims Regarding Suppression Motions and Plea Negotiations in §2255 Petitions Introduction The case of United States of...