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  • Commentaries
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4th Circuit Case Commentaries

Fourth Circuit Establishes Laches as the Appropriate Defense for Lanham Act §43(a) Claims

Fourth Circuit Establishes Laches as the Appropriate Defense for Lanham Act §43(a) Claims

Date: Feb 3, 2021
Fourth Circuit Establishes Laches as the Appropriate Defense for Lanham Act §43(a) Claims Introduction In the landmark case of Belmora LLC v. Bayer Consumer Care AG, the United States Court of...
Fourth Circuit Clarifies Standing and Contract Interpretation in GPO Agreements

Fourth Circuit Clarifies Standing and Contract Interpretation in GPO Agreements

Date: Feb 2, 2021
Fourth Circuit Clarifies Standing and Contract Interpretation in GPO Agreements Introduction In the case of Foodbuy, LLC v. Gregory Packaging, Inc. (987 F.3d 102), the United States Court of Appeals...
Fourth Circuit Establishes Precedent on the Evidentiary Value of Verified Complaints and the Necessity of Adequate Discovery Before Summary Judgment in Excessive Force Claims

Fourth Circuit Establishes Precedent on the Evidentiary Value of Verified Complaints and the Necessity of Adequate Discovery Before Summary Judgment in Excessive Force Claims

Date: Jan 29, 2021
Fourth Circuit Establishes Precedent on the Evidentiary Value of Verified Complaints and the Necessity of Adequate Discovery Before Summary Judgment in Excessive Force Claims Introduction In the...
Clarifying Franks Hearing Standards and Sentencing Enhancements in Sex Trafficking: United States v. Haas

Clarifying Franks Hearing Standards and Sentencing Enhancements in Sex Trafficking: United States v. Haas

Date: Jan 28, 2021
Clarifying Franks Hearing Standards and Sentencing Enhancements in Sex Trafficking: United States v. Haas Introduction The case of United States of America v. Richard Todd Haas, adjudicated by the...
Mootness Doctrine in Preliminary Injunction Appeals: Insights from Fleet Feet v. Nike

Mootness Doctrine in Preliminary Injunction Appeals: Insights from Fleet Feet v. Nike

Date: Jan 27, 2021
Mootness Doctrine in Preliminary Injunction Appeals: Insights from Fleet Feet v. Nike Introduction The case of Fleet Feet, Inc. v. Nike, Inc. (986 F.3d 458) adjudicated by the United States Court of...
Fourth Circuit Clarifies 'Particular Social Group' Boundaries for Former Gang Members in Withholding of Removal Cases

Fourth Circuit Clarifies 'Particular Social Group' Boundaries for Former Gang Members in Withholding of Removal Cases

Date: Jan 26, 2021
Fourth Circuit Clarifies 'Particular Social Group' Boundaries for Former Gang Members in Withholding of Removal Cases Introduction The case of Juan Carlos Amaya v. Jeffrey A. Rosen, Acting Attorney...
Fourth Circuit Mandates Individualized Explanations for Sentence Reductions under the First Step Act

Fourth Circuit Mandates Individualized Explanations for Sentence Reductions under the First Step Act

Date: Jan 23, 2021
Fourth Circuit Mandates Individualized Explanations for Sentence Reductions under the First Step Act Introduction The case of United States of America v. Timothy Gerrell McDonald, Anthony Ballard,...
Refining Employment Restrictions in Supervised Release: Insights from Hamilton v. United States

Refining Employment Restrictions in Supervised Release: Insights from Hamilton v. United States

Date: Jan 23, 2021
Refining Employment Restrictions in Supervised Release: Insights from Hamilton v. United States Introduction The case of United States of America v. Paul Glen Hamilton, Jr. (986 F.3d 413) presents a...
United States v. Bethea: First Step Act's Application to Vacated Sentences and Appeal Waivers

United States v. Bethea: First Step Act's Application to Vacated Sentences and Appeal Waivers

Date: Jan 22, 2021
United States v. Bethea: First Step Act's Application to Vacated Sentences and Appeal Waivers Introduction United States of America v. Rayco Bethea, 841 F. App'x 544 (4th Cir. 2021), is a pivotal...
Dowling v. SSA: Reinforcing Standards for Weighing Treating Physician Opinions in Disability Determinations

Dowling v. SSA: Reinforcing Standards for Weighing Treating Physician Opinions in Disability Determinations

Date: Jan 22, 2021
Dowling v. Social Security Administration: Reinforcing Standards for Weighing Treating Physician Opinions in Disability Determinations Introduction Lakenisha Dowling v. Commissioner of Social...
Affirmation of Forfeiture and Sentencing Discretion in Financial Fraud Cases: Bennett v. United States

Affirmation of Forfeiture and Sentencing Discretion in Financial Fraud Cases: Bennett v. United States

Date: Jan 22, 2021
Affirmation of Forfeiture and Sentencing Discretion in Financial Fraud Cases: Bennett v. United States Introduction Bennett v. United States, 986 F.3d 389 (4th Cir. 2021) is a pivotal appellate court...
Employment Status of Law Firm Partners under Title VII: Insights from Shawna Cannon Lemon v. Myers Bigel

Employment Status of Law Firm Partners under Title VII: Insights from Shawna Cannon Lemon v. Myers Bigel

Date: Jan 20, 2021
Employment Status of Law Firm Partners under Title VII: Insights from Shawna Cannon Lemon v. Myers Bigel Introduction The case of Shawna Cannon Lemon v. Myers Bigel (985 F.3d 392) offers a...
Fourth Circuit Affirms Strict Enforcement of Pretrial Disclosure and Evidentiary Rules in Employment Discrimination and Contract Breach Appeal

Fourth Circuit Affirms Strict Enforcement of Pretrial Disclosure and Evidentiary Rules in Employment Discrimination and Contract Breach Appeal

Date: Jan 20, 2021
Fourth Circuit Affirms Strict Enforcement of Pretrial Disclosure and Evidentiary Rules in Employment Discrimination and Contract Breach Appeal Introduction In the case of Saul Hillel Benjamin v....
Fourth Circuit Sets Boundaries on Judicial Review of DHS U-Visa Work Authorizations and Waiting List Delays

Fourth Circuit Sets Boundaries on Judicial Review of DHS U-Visa Work Authorizations and Waiting List Delays

Date: Jan 15, 2021
Fourth Circuit Sets Boundaries on Judicial Review of DHS U-Visa Work Authorizations and Waiting List Delays Introduction In the case of Ansberto Fernandez Gonzalez et al. v. Kenneth T. Cuccinelli,...
Fourth Circuit Establishes First Amendment Right to Videophone Access for Deaf Inmates

Fourth Circuit Establishes First Amendment Right to Videophone Access for Deaf Inmates

Date: Jan 14, 2021
Fourth Circuit Establishes First Amendment Right to Videophone Access for Deaf Inmates Introduction The case of Thomas Heyer v. United States Bureau of Prisons addresses the constitutional rights of...
Application of the Youngberg Standard for Adequate Mental Health Care in Juvenile Detention Facilities

Application of the Youngberg Standard for Adequate Mental Health Care in Juvenile Detention Facilities

Date: Jan 13, 2021
Application of the Youngberg Standard for Adequate Mental Health Care in Juvenile Detention Facilities Introduction In the landmark case of John Doe 4 v. Shenandoah Valley Juvenile Center Commission,...
Oral Pronouncement of Supervised Release Conditions: Establishing the Rogers Precedent

Oral Pronouncement of Supervised Release Conditions: Establishing the Rogers Precedent

Date: Jan 13, 2021
Oral Pronouncement of Supervised Release Conditions: Establishing the Rogers Precedent Introduction The case of United States of America v. Christopher Rayquaz Singletary (984 F.3d 341) represents a...
Fourth Circuit Reaffirms FDA Preemption of State Fraud Claims in Pharmaceutical Labeling: Knight v. Boehringer Ingelheim

Fourth Circuit Reaffirms FDA Preemption of State Fraud Claims in Pharmaceutical Labeling: Knight v. Boehringer Ingelheim

Date: Jan 7, 2021
Fourth Circuit Reaffirms FDA Preemption of State Fraud Claims in Pharmaceutical Labeling: Knight v. Boehringer Ingelheim Introduction In the case of Claude R. Knight; Claudia Stevens, individually...
Affirmation of Summary Judgment in Title VII Retaliation and Hostile Work Environment Claims: The Johnson v. UPS Decision

Affirmation of Summary Judgment in Title VII Retaliation and Hostile Work Environment Claims: The Johnson v. UPS Decision

Date: Jan 6, 2021
Affirmation of Summary Judgment in Title VII Retaliation and Hostile Work Environment Claims: The Johnson v. UPS Decision Introduction The case of Khalilah Johnson v. United Parcel Service, Inc....
Dean v. Jones: A Landmark Decision on Excessive Force and Qualified Immunity under the Eighth Amendment

Dean v. Jones: A Landmark Decision on Excessive Force and Qualified Immunity under the Eighth Amendment

Date: Jan 5, 2021
Dean v. Jones: A Landmark Decision on Excessive Force and Qualified Immunity under the Eighth Amendment Introduction Dean v. Jones is a pivotal case adjudicated by the United States Court of Appeals...
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