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  • Commentaries
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4th Circuit Case Commentaries

Preventing Unilateral Reassignment Under the ADA: Insights from Wirtes v. City of Newport News

Preventing Unilateral Reassignment Under the ADA: Insights from Wirtes v. City of Newport News

Date: May 1, 2021
Preventing Unilateral Reassignment Under the ADA: Insights from Wirtes v. City of Newport News Introduction In Wirtes v. City of Newport News, the United States Court of Appeals for the Fourth...
Sovereign Immunity Affirmed: NRC Protected from Whistleblower Retaliation Claims

Sovereign Immunity Affirmed: NRC Protected from Whistleblower Retaliation Claims

Date: May 1, 2021
Sovereign Immunity Affirmed: NRC Protected from Whistleblower Retaliation Claims Introduction In the landmark case of Michael S. Peck, Ph.D., Petitioner, v. United States Department of Labor,...
Fourth Circuit Establishes Hobbs Act Robbery as Non-Violent for Career Offender Purposes under U.S. Sentencing Guidelines

Fourth Circuit Establishes Hobbs Act Robbery as Non-Violent for Career Offender Purposes under U.S. Sentencing Guidelines

Date: Apr 30, 2021
Fourth Circuit Establishes Hobbs Act Robbery as Non-Violent for Career Offender Purposes under U.S. Sentencing Guidelines Introduction In the appellate case United States of America v. Richard Green,...
Fourth Circuit Limits Bivens Expansion and Reaffirms Prosecutorial Immunity in Reddy Vijay Annappareddy Case

Fourth Circuit Limits Bivens Expansion and Reaffirms Prosecutorial Immunity in Reddy Vijay Annappareddy Case

Date: Apr 27, 2021
Fourth Circuit Limits Bivens Expansion and Reaffirms Prosecutorial Immunity in Reddy Vijay Annappareddy Case Introduction The case of Reddy Vijay Annappareddy v. Catherine Schuster Pascale et al....
Fourth Circuit Reinforces Statutory Maximum Compliance and Reasonableness in First Step Act Sentence Reductions

Fourth Circuit Reinforces Statutory Maximum Compliance and Reasonableness in First Step Act Sentence Reductions

Date: Apr 27, 2021
Fourth Circuit Reinforces Statutory Maximum Compliance and Reasonableness in First Step Act Sentence Reductions Introduction In the landmark case of United States of America v. Chuck Parker...
Clarifying the Wheeler Test: No Substantive Change in Law Established by Mathis v. United States

Clarifying the Wheeler Test: No Substantive Change in Law Established by Mathis v. United States

Date: Apr 21, 2021
Clarifying the Wheeler Test: No Substantive Change in Law Established by Mathis v. United States Introduction In the appellate case of John Forrest Ham, Jr. v. Warden M. Breckon, the United States...
Enhancing Standards for Ineffective Assistance of Counsel under §2255: United States v. Mayhew

Enhancing Standards for Ineffective Assistance of Counsel under §2255: United States v. Mayhew

Date: Apr 20, 2021
Enhancing Standards for Ineffective Assistance of Counsel under §2255: United States v. Mayhew Introduction In the landmark case United States v. Mayhew, 995 F.3d 171 (4th Cir. 2021), the United...
Fourth Circuit Affirms Summary Judgment on Retaliation Claims While Remanding Overtime Compensation in Castillo v. Urquhart

Fourth Circuit Affirms Summary Judgment on Retaliation Claims While Remanding Overtime Compensation in Castillo v. Urquhart

Date: Apr 17, 2021
Fourth Circuit Affirms Summary Judgment on Retaliation Claims While Remanding Overtime Compensation in Castillo v. Urquhart Introduction In Castillo v. Urquhart, Nohelia M. Castillo appealed the...
Affirmation of the Single Publication Rule in Defamation Law: Lokhova v. Halper and Media Organizations

Affirmation of the Single Publication Rule in Defamation Law: Lokhova v. Halper and Media Organizations

Date: Apr 16, 2021
Affirmation of the Single Publication Rule in Defamation Law: Lokhova v. Halper and Media Organizations Introduction In the landmark case Svetlana Lokhova v. Stefan A. Halper & Media Organizations,...
Extend of Antitrust Liability in Pharmaceutical Monopolization: Insights from Mayor and City Council of Baltimore v. Actelion Pharmaceuticals

Extend of Antitrust Liability in Pharmaceutical Monopolization: Insights from Mayor and City Council of Baltimore v. Actelion Pharmaceuticals

Date: Apr 14, 2021
Extend of Antitrust Liability in Pharmaceutical Monopolization: Insights from Mayor and City Council of Baltimore v. Actelion Pharmaceuticals Introduction In the landmark case Mayor and City Council...
Fourth Circuit Clarifies Requirements for Seizure: Acquiescence and Reasonable Suspicion Necessitated

Fourth Circuit Clarifies Requirements for Seizure: Acquiescence and Reasonable Suspicion Necessitated

Date: Apr 13, 2021
Fourth Circuit Clarifies Requirements for Seizure: Acquiescence and Reasonable Suspicion Necessitated Introduction In the case of United States of America v. Timothy Lamont Cloud, decided on April...
Kitlinski v. DEA: USERRA Protections Do Not Extend to Non-Service Related Employment Actions

Kitlinski v. DEA: USERRA Protections Do Not Extend to Non-Service Related Employment Actions

Date: Apr 9, 2021
Kitlinski v. DEA: USERRA Protections Do Not Extend to Non-Service Related Employment Actions Introduction Kitlinski v. Drug Enforcement Administration (DEA) is a pivotal case heard by the United...
Affirming Contract Formation Standards in Arbitration Agreements: Rowland v. Morris Financial

Affirming Contract Formation Standards in Arbitration Agreements: Rowland v. Morris Financial

Date: Apr 8, 2021
Affirming Contract Formation Standards in Arbitration Agreements: Rowland v. Morris Financial Introduction In Rowland v. Morris Financial & Estate Planning Services, LLC, the United States Court of...
Constructive Acceptance Suffices for Appellate Waivers in Plea Agreements: Insights from United States v. Soloff

Constructive Acceptance Suffices for Appellate Waivers in Plea Agreements: Insights from United States v. Soloff

Date: Apr 8, 2021
Constructive Acceptance Suffices for Appellate Waivers in Plea Agreements: Insights from United States v. Soloff Introduction United States of America v. William Trevor Soloff, 993 F.3d 240 (4th Cir....
But-For Causation Required in Title IX Disciplinary Claims: Fourth Circuit in Sheppard v. VSU

But-For Causation Required in Title IX Disciplinary Claims: Fourth Circuit in Sheppard v. VSU

Date: Apr 3, 2021
But-For Causation Required in Title IX Disciplinary Claims: Fourth Circuit in Sheppard v. VSU Introduction In the case of Malcolm X. Sheppard v. The Visitors of Virginia State University, Malcolm X....
4th Circuit Clarifies Standards for Compassionate Release Motions Filed by Inmates in United States v. Kibble

4th Circuit Clarifies Standards for Compassionate Release Motions Filed by Inmates in United States v. Kibble

Date: Apr 2, 2021
4th Circuit Clarifies Standards for Compassionate Release Motions Filed by Inmates in United States v. Kibble Introduction In the case of United States of America v. Ryan Scott Kibble, the United...
Fourth Circuit Upholds Government's Authority Over Terrorist Screening Database Under Procedural Due Process

Fourth Circuit Upholds Government's Authority Over Terrorist Screening Database Under Procedural Due Process

Date: Mar 31, 2021
Fourth Circuit Upholds Government's Authority Over Terrorist Screening Database Under Procedural Due Process Introduction In the landmark case of Anas Elhady et al. v. Charles H. Kable et al., the...
Qualified Immunity and Due Process in Prison Administrative Hearings: Insights from Halcomb v. Ravenell

Qualified Immunity and Due Process in Prison Administrative Hearings: Insights from Halcomb v. Ravenell

Date: Mar 31, 2021
Qualified Immunity and Due Process in Prison Administrative Hearings: Insights from Halcomb v. Ravenell Introduction Halcomb v. Ravenell is a landmark case adjudicated by the United States Court of...
Qualified Immunity Overturned for Deliberate Indifference to Pretrial Detainee's Medical Needs in Mays v. Mays

Qualified Immunity Overturned for Deliberate Indifference to Pretrial Detainee's Medical Needs in Mays v. Mays

Date: Mar 31, 2021
Qualified Immunity Overturned for Deliberate Indifference to Pretrial Detainee's Medical Needs in Mays v. Mays Introduction The case of Jeffery A. Mays, Administrator for the Estate of David Wayne...
Reinforcing Fourth Amendment Protections: The Drakeford Decision

Reinforcing Fourth Amendment Protections: The Drakeford Decision

Date: Mar 27, 2021
Reinforcing Fourth Amendment Protections: The Drakeford Decision Introduction In the case of United States of America v. Tremayne Lamont Drakeford (992 F.3d 255), the United States Court of Appeals...
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