4th Circuit Case Commentaries

Reevaluating Franchise Contracts: Insights from JTH Tax, Inc. v. Aime

Date: Jan 5, 2021

Reevaluating Franchise Contracts: Insights from JTH Tax, Inc. v. Aime Introduction The case of JTH Tax, Inc., d/b/a Liberty Tax Service; SiempreTax+ LLC v. Gregory Aime; underscores the complexities...

Runyon v. United States: Enhancing Standards for Defense Counsel's Investigation of Mitigating Evidence in Capital Sentencing

Date: Dec 24, 2020

Runyon v. United States: Enhancing Standards for Defense Counsel's Investigation of Mitigating Evidence in Capital Sentencing Introduction Runyon v. United States, 994 F.3d 192 (4th Cir. 2020),...

Fourth Circuit Upholds 2015 H-2B Visa Program and Wage Regulations While Limiting Challenges to Prior Rules

Date: Dec 19, 2020

Fourth Circuit Upholds 2015 H-2B Visa Program and Wage Regulations While Limiting Challenges to Prior Rules Introduction The case of Outdoor Amusement Business Association, Inc. et al. v. Department...

Establishing Third-Party Beneficiary Rights and Federal Preemption in Flood Mitigation Contracts: Edwards v. CSX Transportation

Date: Dec 16, 2020

Establishing Third-Party Beneficiary Rights and Federal Preemption in Flood Mitigation Contracts: Edwards v. CSX Transportation Introduction In Edwards et al. v. CSX Transportation, Inc., the United...

Fourth Circuit Upholds Cumulative Sentencing Under 18 U.S.C. §§924(c) and §924(j) Without Double Jeopardy Violation

Date: Dec 16, 2020

Fourth Circuit Upholds Cumulative Sentencing Under 18 U.S.C. §§924(c) and §924(j) Without Double Jeopardy Violation Introduction In the case of United States of America v. Israel Ernesto Palacios,...

Proper Evaluation of Subjective Symptoms in Social Security Disability Claims: Esin Arakas v. Commissioner

Date: Dec 15, 2020

Proper Evaluation of Subjective Symptoms in Social Security Disability Claims: Esin Arakas v. Commissioner Introduction In the case of Esin E. Arakas v. Commissioner, Social Security Administration...

Discretionary Function Exception Reinforced in Immigration Enforcement: Blanco Ayala v. United States

Date: Dec 3, 2020

Discretionary Function Exception Reinforced in Immigration Enforcement: Blanco Ayala v. United States Introduction In the landmark case Juan Carlos Blanco Ayala v. United States, the United States...

Fourth Circuit Upholds Compassionate Release for Defendants Under Pre-First Step Act §924(c)

Date: Dec 3, 2020

Fourth Circuit Upholds Compassionate Release for Defendants Under Pre-First Step Act §924(c) Introduction In the landmark decision United States of America v. Thomas F. McCoy et al., the United...

Reaffirming Legislative Good Faith in Voter-ID Laws: Insights from the Fourth Circuit's Decision in NAACP v. Raymond et al.

Date: Dec 3, 2020

Reaffirming Legislative Good Faith in Voter-ID Laws: Insights from the Fourth Circuit's Decision in NAACP v. Raymond et al. Introduction In the landmark case NORTH CAROLINA STATE CONFERENCE OF THE...

Clarifying the 7(i) Exemption: Automatic Gratuities and Tip Pool Validity under the FLSA

Date: Nov 25, 2020

Clarifying the 7(i) Exemption: Automatic Gratuities and Tip Pool Validity under the FLSA Introduction The case of Wai Man Tom, Plaintiff - Appellant, and Brandon Kelly v. Hospitality Ventures LLC et...

Appointments Clause Challenges in Social Security Disability Claims: No Exhaustion Requirement

Date: Nov 21, 2020

Appointments Clause Challenges in Social Security Disability Claims: No Exhaustion Requirement Introduction The case of Lisa Probst and Sharron Bradshaw v. Andrew Saul, Commissioner of Social...

Murphy-Brown Decision Establishes Standards for Admitting Parent Company Financials in Nuisance Cases

Date: Nov 20, 2020

Murphy-Brown Decision Establishes Standards for Admitting Parent Company Financials in Nuisance Cases Introduction The case of Joyce McKiver et al. v. Murphy-Brown, LLC was adjudicated by the United...

Fourth Circuit Upholds Lowe's Compliance with ADA and ADEA in Disability Accommodation and Hiring Practices

Date: Nov 19, 2020

Fourth Circuit Upholds Lowe's Compliance with ADA and ADEA in Disability Accommodation and Hiring Practices Introduction In the case of Charles J. Elledge v. Lowe's Home Centers, LLC, the United...

Fourth Circuit Establishes Probable Cause as Standard for Reasonable Belief in Warrantless Entries under Payton

Date: Nov 14, 2020

Fourth Circuit Establishes Probable Cause as Standard for Reasonable Belief in Warrantless Entries under Payton Introduction The case of United States of America v. Kendrick Brinkley, 980 F.3d 377...

Affirmation of Procedural Claims in Antonari William Alexander v. Boyd Parks et al: An Unpublished Fourth Circuit Per Curiam Decision

Date: Oct 29, 2020

Affirmation of Procedural Claims in Antonari William Alexander v. Boyd Parks et al: An Unpublished Fourth Circuit Per Curiam Decision Introduction In the case of Antonari William Alexander v. Boyd...

Fourth Circuit Establishes Liability for Excessive Police Vehicle Operation and Clarifies Qualified Immunity in Substantive Due Process Claims

Date: Oct 3, 2020

Fourth Circuit Establishes Liability for Excessive Police Vehicle Operation and Clarifies Qualified Immunity in Substantive Due Process Claims Introduction In the case of Felicia Harkness Dean, as...

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4th Circuit Case Commentaries

Reevaluating Franchise Contracts: Insights from JTH Tax, Inc. v. Aime

Runyon v. United States: Enhancing Standards for Defense Counsel's Investigation of Mitigating Evidence in Capital Sentencing

Fourth Circuit Upholds 2015 H-2B Visa Program and Wage Regulations While Limiting Challenges to Prior Rules

Establishing Third-Party Beneficiary Rights and Federal Preemption in Flood Mitigation Contracts: Edwards v. CSX Transportation

Fourth Circuit Upholds Cumulative Sentencing Under 18 U.S.C. §§924(c) and §924(j) Without Double Jeopardy Violation

Proper Evaluation of Subjective Symptoms in Social Security Disability Claims: Esin Arakas v. Commissioner

Discretionary Function Exception Reinforced in Immigration Enforcement: Blanco Ayala v. United States

Fourth Circuit Upholds Compassionate Release for Defendants Under Pre-First Step Act §924(c)

Reaffirming Legislative Good Faith in Voter-ID Laws: Insights from the Fourth Circuit's Decision in NAACP v. Raymond et al.

Clarifying the 7(i) Exemption: Automatic Gratuities and Tip Pool Validity under the FLSA

Appointments Clause Challenges in Social Security Disability Claims: No Exhaustion Requirement

Murphy-Brown Decision Establishes Standards for Admitting Parent Company Financials in Nuisance Cases

Fourth Circuit Upholds Lowe's Compliance with ADA and ADEA in Disability Accommodation and Hiring Practices

Fourth Circuit Establishes Probable Cause as Standard for Reasonable Belief in Warrantless Entries under Payton

Affirmation of Procedural Claims in Antonari William Alexander v. Boyd Parks et al: An Unpublished Fourth Circuit Per Curiam Decision

Affirmation of Voluntary Lateral Transfer as Non-Adverse Action Under ADA

Affirmation of Reckless Non-Compliance with FBAR Reporting: Horowitz v. United States

Expanding Retaliation Claims under 42 U.S.C. § 1981: Ali v. BC Architects Engineers

Attempted Hobbs Act Robbery Clarified as Non-Crime of Violence Under 18 U.S.C. § 924(c) – Taylor v. United States

Fourth Circuit Establishes Liability for Excessive Police Vehicle Operation and Clarifies Qualified Immunity in Substantive Due Process Claims