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  • Commentaries
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4th Circuit Case Commentaries

Fourth Circuit Affirms ACCA Enhancement: North Carolina Breaking and Entering Statute as Violent Felony

Fourth Circuit Affirms ACCA Enhancement: North Carolina Breaking and Entering Statute as Violent Felony

Date: Jul 1, 2020
Fourth Circuit Affirms ACCA Enhancement: North Carolina Breaking and Entering Statute as Violent Felony Introduction In the case of United States of America v. Frank Joseph Dodge, the United States...
Fourth Circuit Affirms Dismissal of Rapid Fire Trigger Activators Ban Challenge on Standing and Takings Grounds

Fourth Circuit Affirms Dismissal of Rapid Fire Trigger Activators Ban Challenge on Standing and Takings Grounds

Date: Jun 30, 2020
Fourth Circuit Affirms Dismissal of Rapid Fire Trigger Activators Ban Challenge on Standing and Takings Grounds Introduction In the case of MARYLAND SHALL ISSUE, INCORPORATED; PAUL MARK BROCKMAN;...
Fourth Circuit Affirms Denial of Asylum Due to Lack of Nexus to Family Membership

Fourth Circuit Affirms Denial of Asylum Due to Lack of Nexus to Family Membership

Date: Jun 27, 2020
Fourth Circuit Affirms Denial of Asylum Due to Lack of Nexus to Family Membership Introduction In the case of Jexte Benjamin Cedillos-Cedillos v. William P. Barr, Attorney General, the United States...
Fourth Circuit Affirms Use of Anonymous Jury in RICO Conspiracy Cases Involving Organized Crime Leadership

Fourth Circuit Affirms Use of Anonymous Jury in RICO Conspiracy Cases Involving Organized Crime Leadership

Date: Jun 27, 2020
Fourth Circuit Affirms Use of Anonymous Jury in RICO Conspiracy Cases Involving Organized Crime Leadership Introduction In the case of United States of America v. Pedro Gutierrez, James Baxton, and...
Reaffirming Specific Personal Jurisdiction in Internet-Based Operations: UMG Recordings, Inc. v. Kurbanov

Reaffirming Specific Personal Jurisdiction in Internet-Based Operations: UMG Recordings, Inc. v. Kurbanov

Date: Jun 27, 2020
Reaffirming Specific Personal Jurisdiction in Internet-Based Operations: UMG Recordings, Inc. v. Kurbanov Introduction The case of UMG Recordings, Inc. et al. v. Tofig Kurbanov addresses the critical...
Proper Application of Rule 15(a)(2) in Denial of Leave to Amend: Insights from Moore v. Equitrans

Proper Application of Rule 15(a)(2) in Denial of Leave to Amend: Insights from Moore v. Equitrans

Date: Jun 27, 2020
Proper Application of Rule 15(a)(2) in Denial of Leave to Amend: Insights from Moore v. Equitrans Introduction The case of Jeffery J. Moore; Sandra J. Moore v. Equitrans, L.P. addresses critical...
Eligibility for First Step Act Relief under Modified Statutory Penalties: United States v. Woodson

Eligibility for First Step Act Relief under Modified Statutory Penalties: United States v. Woodson

Date: Jun 25, 2020
Eligibility for First Step Act Relief under Modified Statutory Penalties: United States v. Woodson Introduction In the case of United States of America v. Albert Lynn Woodson, 962 F.3d 812 (4th Cir....
Fourth Circuit Upholds Heroin Distribution Conspiracy Convictions: Key Rulings on Expert Testimony and Evidence Admissibility

Fourth Circuit Upholds Heroin Distribution Conspiracy Convictions: Key Rulings on Expert Testimony and Evidence Admissibility

Date: Jun 25, 2020
Fourth Circuit Upholds Heroin Distribution Conspiracy Convictions: Key Rulings on Expert Testimony and Evidence Admissibility Introduction In the case of United States of America v. Alexander...
Clarifying Rule 404(b): Limits of the "Complete the Story" Doctrine in United States v. Brizuela

Clarifying Rule 404(b): Limits of the "Complete the Story" Doctrine in United States v. Brizuela

Date: Jun 20, 2020
Clarifying Rule 404(b): Limits of the "Complete the Story" Doctrine in United States v. Brizuela Introduction United States v. Felix Brizuela, Jr., 962 F.3d 784 (4th Cir. 2020), presents a pivotal...
Guilty Plea and Waiver of Speedy Trial Rights: Insights from Macias Lozano v. United States

Guilty Plea and Waiver of Speedy Trial Rights: Insights from Macias Lozano v. United States

Date: Jun 18, 2020
Guilty Plea and Waiver of Speedy Trial Rights: Insights from Macias Lozano v. United States Introduction The case of United States of America v. Jose Alfredo Macias Lozano (962 F.3d 773) decided by...
Protecting Cooperating Defendants: Establishing the Necessity to Seal Judicial Orders for Safety

Protecting Cooperating Defendants: Establishing the Necessity to Seal Judicial Orders for Safety

Date: Jun 18, 2020
Protecting Cooperating Defendants: Establishing the Necessity to Seal Judicial Orders for Safety Introduction In the case of United States of America v. John Doe, 962 F.3d 139 (4th Cir. 2020), the...
Fourth Circuit Expands Pleading Standards for Perceived Disability and Retaliation Claims under ADAAA

Fourth Circuit Expands Pleading Standards for Perceived Disability and Retaliation Claims under ADAAA

Date: Jun 13, 2020
Fourth Circuit Expands Pleading Standards for Perceived Disability and Retaliation Claims under ADAAA Introduction In the case of Thomas Miller v. Maryland Department of Natural Resources, the United...
Fourth Circuit Limits Qualified Immunity in Excessive Force Cases: Estate of Wayne A. Jones v. City of Martinsburg

Fourth Circuit Limits Qualified Immunity in Excessive Force Cases: Estate of Wayne A. Jones v. City of Martinsburg

Date: Jun 10, 2020
Fourth Circuit Limits Qualified Immunity in Excessive Force Cases: Estate of Wayne A. Jones v. City of Martinsburg Introduction The case of Estate of Wayne A. Jones v. City of Martinsburg addresses...
Enhanced Vetting and Rational Basis: Fourth Circuit's Confirmation of Proclamation 9645

Enhanced Vetting and Rational Basis: Fourth Circuit's Confirmation of Proclamation 9645

Date: Jun 9, 2020
Enhanced Vetting and Rational Basis: Fourth Circuit's Confirmation of Proclamation 9645 Introduction The case of International Refugee Assistance Project, et al. v. Trump addresses the...
Interference with Legal Mail by Correctional Authorities: Haze v. Harrison Establishes New Standards

Interference with Legal Mail by Correctional Authorities: Haze v. Harrison Establishes New Standards

Date: Jun 9, 2020
Interference with Legal Mail by Correctional Authorities: Haze v. Harrison Establishes New Standards Introduction In the landmark case Grant Ruffin Haze, III v. Donnie Harrison et al. (961 F.3d 654,...
Permissibility of Treatment Provider-Imposed Conditions on Supervised Release: Analyzing United States v. Van Donk

Permissibility of Treatment Provider-Imposed Conditions on Supervised Release: Analyzing United States v. Van Donk

Date: Jun 9, 2020
Permissibility of Treatment Provider-Imposed Conditions on Supervised Release: Analyzing United States v. Van Donk Introduction In the case of United States of America v. Daryl John Van Donk, decided...
Plea of Timely Enforcement and Contractual Clarity: Analysis of Parkway 1046, LLC v. U.S. Home Corporation

Plea of Timely Enforcement and Contractual Clarity: Analysis of Parkway 1046, LLC v. U.S. Home Corporation

Date: Jun 4, 2020
Plea of Timely Enforcement and Contractual Clarity: Analysis of Parkway 1046, LLC v. U.S. Home Corporation Introduction The case of Parkway 1046, LLC v. U.S. Home Corporation revolves around a...
Requirement for Oral Pronouncement of Discretionary Supervised Release Conditions: U.S.A. v. Cortez Lamar Rogers

Requirement for Oral Pronouncement of Discretionary Supervised Release Conditions: U.S.A. v. Cortez Lamar Rogers

Date: Jun 3, 2020
Requirement for Oral Pronouncement of Discretionary Supervised Release Conditions: U.S.A. v. Cortez Lamar Rogers Introduction In United States of America v. Cortez Lamar Rogers, 961 F.3d 291 (4th...
Affirming the Case-by-Case Approach for Appealability of Without-Prejudice Dismissals under Title VII

Affirming the Case-by-Case Approach for Appealability of Without-Prejudice Dismissals under Title VII

Date: May 20, 2020
Affirming the Case-by-Case Approach for Appealability of Without-Prejudice Dismissals under Title VII Introduction In Robel Bing v. Brivo Systems, LLC (959 F.3d 605, 4th Cir. 2020), the United States...
Expansion of Fraud and Equity Claims in Employment Commission Disputes: Fessler v. IBM

Expansion of Fraud and Equity Claims in Employment Commission Disputes: Fessler v. IBM

Date: May 15, 2020
Expansion of Fraud and Equity Claims in Employment Commission Disputes: Fessler v. IBM Introduction The case of Justin Fessler v. International Business Machines Corporation (IBM), adjudicated by the...
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