4th Circuit Case Commentaries

Affirmation of Sentencing Decision in Drug Conspiracy Case: United States v. Gaspar

Date: Dec 19, 2024

Affirmation of Sentencing Decision in Drug Conspiracy Case: United States v. Gaspar Introduction In the case of United States of America v. Abel Gaspar, Jr., the defendant, Abel Gaspar, Jr., appealed...

Affirmation of Limited Duty of Care for Banks in Loan Modification Applications: Wesker v. Bank of America

Date: Dec 19, 2024

Affirmation of Limited Duty of Care for Banks in Loan Modification Applications: Wesker v. Bank of America Introduction In the case of Mark Adam Wesker; Natasha S. Wesker vs. Bank of America, N.A.,...

Fourth Circuit Reverses Class Certification in Bojangles’ Off-the-Clock Labor Practices Case

Date: Dec 19, 2024

Fourth Circuit Reverses Class Certification in Bojangles’ Off-the-Clock Labor Practices Case Introduction In a landmark decision rendered on December 17, 2024, the United States Court of Appeals for...

Fourth Circuit Affirms Procedural Default in Ineffective Assistance Claims: Frizzell v. Dotson

Date: Dec 19, 2024

Fourth Circuit Affirms Procedural Default in Ineffective Assistance Claims: Frizzell v. Dotson Introduction Frizzell v. Dotson is a significant case decided by the United States Court of Appeals for...

Reaffirmation of No First Amendment Right for Media to Access Prison Inmates for Interviews: ACLU-SC v. Stirling

Date: Dec 16, 2024

Reaffirmation of No First Amendment Right for Media to Access Prison Inmates for Interviews: ACLU-SC v. Stirling Introduction The case American Civil Liberties Union Foundation of South Carolina...

Affirmation of Regulation on Short-Barreled Shotguns and Silencers under the Second Amendment

Date: Dec 16, 2024

Affirmation of Regulation on Short-Barreled Shotguns and Silencers under the Second Amendment Introduction In the case United States of America v. Arbab Saleem, the United States Court of Appeals for...

Fourth Circuit Upholds Receivership and Asset Freeze in FTC’s Sanctuary Belize Case

Date: Dec 16, 2024

Fourth Circuit Upholds Receivership and Asset Freeze in FTC’s Sanctuary Belize Case Introduction In the case of Federal Trade Commission v. Andris Pukke et al., the United States Court of Appeals for...

Affirmation and Remand in Washington v. Federal Bureau of Prisons: Navigating FTCA and Rehabilitation Act Claims

Date: Dec 16, 2024

Affirmation and Remand in Washington v. Federal Bureau of Prisons: Navigating FTCA and Rehabilitation Act Claims Introduction In the case of Burl Washington v. Federal Bureau of Prisons; United...

Fourth Circuit Establishes Non-Preemption of State Pet Store Regulations Under the Animal Welfare Act

Date: Dec 16, 2024

Fourth Circuit Establishes Non-Preemption of State Pet Store Regulations Under the Animal Welfare Act Introduction In the landmark case JUST PUPPIES, INC., d/b/a Just Puppies Towson; Just Puppies of...

Limitation of Removal Jurisdiction in Family Law Proceedings: Lacayo v. Dalton

Date: Dec 11, 2024

Limitation of Removal Jurisdiction in Family Law Proceedings: Lacayo v. Dalton 1. Introduction The case of JULIO LACAYO, Plaintiff - Appellee, v. NATALIA DALTON, Defendant-Appellant was adjudicated...

Fourth Circuit Affirms Facial Constitutionality of 18 U.S.C. § 922(g)(1) in United States v. Zavien Lenoy Canada

Date: Dec 9, 2024

Fourth Circuit Affirms Facial Constitutionality of 18 U.S.C. § 922(g)(1) in United States v. Zavien Lenoy Canada Introduction The case of United States of America v. Zavien Lenoy Canada, adjudicated...

Fourth Circuit Upholds EX PARTE YOUNG Doctrine in Felon Disenfranchisement Case

Date: Dec 9, 2024

Fourth Circuit Upholds EX PARTE YOUNG Doctrine in Felon Disenfranchisement Case Establishing New Precedent on Sovereign Immunity and Federal Law Supremacy Introduction The United States Court of...

“Reasonable to Believe” Under Gant Is Less Than Probable Cause: The Fourth Circuit’s Clarification on Vehicle Searches Incident to Arrest, Rogers Consistency, and Plain-Error Sentencing

Date: Dec 5, 2024

“Reasonable to Believe” Under Gant Is Less Than Probable Cause: The Fourth Circuit’s Clarification on Vehicle Searches Incident to Arrest, Rogers Consistency, and Plain-Error Sentencing Introduction...

Dormant Notices of Appeal and Interlocutory Tolling: Fourth Circuit Holds FRAP 4(a)(4) Applies to Qualified-Immunity Appeals and Requires Full Disposition of Reconsideration Motions Before a Notice Becomes Effective

Date: Dec 5, 2024

Dormant Notices of Appeal and Interlocutory Tolling: Fourth Circuit Holds FRAP 4(a)(4) Applies to Qualified-Immunity Appeals and Requires Full Disposition of Reconsideration Motions Before a Notice...

No “Illegal Sentence” Escape Hatch for Case-Specific ACCA Errors: Fourth Circuit Enforces Broad Appeal Waiver in United States v. Lubkin

Date: Dec 5, 2024

No “Illegal Sentence” Escape Hatch for Case-Specific ACCA Errors: Fourth Circuit Enforces Broad Appeal Waiver in United States v. Lubkin Introduction In a published opinion authored by Judge...

Unresolved Claims Defeat Appellate Jurisdiction; Fourth Circuit Directs Application of Muldrow’s “Terms or Conditions” Standard to Title VII Disparate Treatment

Date: Dec 4, 2024

28 U.S.C. § 1291 and the impact of Muldrow v. City of St. Louis on the adverse-action standard for disparate-treatment claims."> Unresolved Claims Defeat Appellate Jurisdiction; Fourth Circuit...

Mandate Means With Prejudice: Fourth Circuit Requires District Courts to Dismiss—Not Re‑Plead—Claims After Appellate Immunity Rulings

Date: Dec 4, 2024

Mandate Means With Prejudice: Fourth Circuit Requires District Courts to Dismiss—Not Re‑Plead—Claims After Appellate Immunity Rulings Introduction This commentary examines the Fourth Circuit’s...

Fourth Circuit Upholds 'Particularly Serious Crime' Ruling Bar to Asylum and Deferral Under CAT in Identity Fraud Case

Date: Nov 28, 2024

Fourth Circuit Upholds 'Particularly Serious Crime' Ruling Bar to Asylum and Deferral Under CAT in Identity Fraud Case Introduction In the case of Mohamed Lamine Kouyate v. Merrick B. Garland, heard...

Affirmation of Private-Search Doctrine in Child Pornography Case: United States v. Jeffery

Date: Nov 25, 2024

Affirmation of Private-Search Doctrine in Child Pornography Case: United States v. Jeffery Introduction In the landmark case United States of America v. William Robert Jeffery, the United States...

Fourth Circuit Affirms PPP Fraud Conviction: Admissibility of Domestic Abuse Evidence and Jury Instruction Standards

Date: Nov 25, 2024

Fourth Circuit Affirms PPP Fraud Conviction: Admissibility of Domestic Abuse Evidence and Jury Instruction Standards Introduction The case of United States of America v. Rose-Marie Nsahlai presents a...