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  • Commentaries
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4th Circuit Case Commentaries

United States v. Ford – 2025:  Fourth Circuit Endorses “Minimal-Colloquy” Standard for Waiver of Counsel and Clarifies Harmless-Error Doctrine for Rule 43 Violations

United States v. Ford – 2025: Fourth Circuit Endorses “Minimal-Colloquy” Standard for Waiver of Counsel and Clarifies Harmless-Error Doctrine for Rule 43 Violations

Date: Jul 25, 2025
United States v. Ford – 2025: Fourth Circuit Endorses “Minimal-Colloquy” Standard for Waiver of Counsel and Clarifies Harmless-Error Doctrine for Rule 43 Violations Introduction United States v....
United States v. John: Fourth Circuit Re-Affirms the “No-Particular-Investigative-Techniques” Instruction and Reiterates the Heavy Burden for Rule 29 Insufficiency Claims

United States v. John: Fourth Circuit Re-Affirms the “No-Particular-Investigative-Techniques” Instruction and Reiterates the Heavy Burden for Rule 29 Insufficiency Claims

Date: Jul 25, 2025
United States v. John: Fourth Circuit Re-Affirms the “No-Particular-Investigative-Techniques” Instruction and Reiterates the Heavy Burden for Rule 29 Insufficiency Claims Introduction In United...
Bright-Line Buffer Zones & the First Amendment: Hebb v. City of Asheville (4th Cir. 2025)

Bright-Line Buffer Zones & the First Amendment: Hebb v. City of Asheville (4th Cir. 2025)

Date: Jul 25, 2025
Bright-Line Buffer Zones & the First Amendment: Hebb v. City of Asheville (4th Cir. 2025) United States Court of Appeals for the Fourth Circuit, Published Opinion • Decided 23 July 2025 • No. 24-1383...
The Turner Rule: How Temporal Gaps and Intervening Misconduct Defeat Causation in ADA & FMLA Retaliatory-Termination Claims

The Turner Rule: How Temporal Gaps and Intervening Misconduct Defeat Causation in ADA & FMLA Retaliatory-Termination Claims

Date: Jul 24, 2025
The Turner Rule: How Temporal Gaps and Intervening Misconduct Defeat Causation in ADA & FMLA Retaliatory-Termination Claims 1. Introduction Annette Turner, a Wal-Mart stocker suffering from...
Fourth Circuit Clarifies Reliance under North Carolina UDTPA and Punitive-Damages Cap: CPI Security Systems, Inc. v. Vivint Smart Home, Inc.

Fourth Circuit Clarifies Reliance under North Carolina UDTPA and Punitive-Damages Cap: CPI Security Systems, Inc. v. Vivint Smart Home, Inc.

Date: Jul 24, 2025
Fourth Circuit Clarifies Reliance Requirement under North Carolina UDTPA and How to Apply the Statutory Cap on Punitive Damages in Multi-Claim Actions I. Introduction In CPI Security Systems, Inc. v....
The “Robertson Rule” – When Federal Sovereign Immunity Mirrors State Workers’ Compensation Exclusivity

The “Robertson Rule” – When Federal Sovereign Immunity Mirrors State Workers’ Compensation Exclusivity

Date: Jul 24, 2025
The “Robertson Rule” – When Federal Sovereign Immunity Mirrors State Workers’ Compensation Exclusivity Introduction Katrina Robertson v. United States (4th Cir. July 22 2025) squarely addresses the...
Coffman v. Nexstar (4th Cir. 2025): Clarifying that Only “Objectively Reasonable” Accommodation Requests Trigger Protection under the WVHRA

Coffman v. Nexstar (4th Cir. 2025): Clarifying that Only “Objectively Reasonable” Accommodation Requests Trigger Protection under the WVHRA

Date: Jul 24, 2025
Coffman v. Nexstar Media Inc. (4th Cir. 2025): Clarifying that Only “Objectively Reasonable” Accommodation Requests Trigger Protection under the WVHRA Introduction Leanna Coffman, an Account...
Holt v. Hull: Fourth Circuit Clarifies that Pre-Trial Detention Credits Do Not Transfer Across Unrelated Virginia Jurisdictions Absent a “Same-Act” Nexus

Holt v. Hull: Fourth Circuit Clarifies that Pre-Trial Detention Credits Do Not Transfer Across Unrelated Virginia Jurisdictions Absent a “Same-Act” Nexus

Date: Jul 24, 2025
Holt v. Hull: Fourth Circuit Clarifies that Pre-Trial Detention Credits Do Not Transfer Across Unrelated Virginia Jurisdictions Absent a “Same-Act” Nexus 1. Introduction Michael Warren Holt brought a...
Rise for Animals v. Washington: Fourth Circuit Re-calibrates Informational-Standing—Plausible Statutory Entitlement to Specific Information Now a Threshold Requirement

Rise for Animals v. Washington: Fourth Circuit Re-calibrates Informational-Standing—Plausible Statutory Entitlement to Specific Information Now a Threshold Requirement

Date: Jul 24, 2025
Rise for Animals v. Washington: Fourth Circuit Re-calibrates Informational Standing— “A Plausible Statutory Entitlement to the Specific Information Sought” as an Article III Gatekeeper 1....
United States v. Booker: The Fourth Circuit Upholds the Anti-Kickback Statute, Narrows “Merger” Concerns in Money-Laundering, and Re-Affirms Post-Kisor Loss-Calculation Principles

United States v. Booker: The Fourth Circuit Upholds the Anti-Kickback Statute, Narrows “Merger” Concerns in Money-Laundering, and Re-Affirms Post-Kisor Loss-Calculation Principles

Date: Jul 24, 2025
United States v. Booker: The Fourth Circuit Upholds the Anti-Kickback Statute, Narrows “Merger” Concerns in Money-Laundering, and Re-Affirms Post-Kisor Loss-Calculation Principles Introduction On 22...
“From Wheels to Wires” – The Fourth Circuit Clarifies Ambiguous Appeal Waivers and Rejects Wiretap-Act Analogies for GPS & Cell-Site TrackingA Commentary on United States v. Reginald Twitty, 4th Cir. (2025)

“From Wheels to Wires” – The Fourth Circuit Clarifies Ambiguous Appeal Waivers and Rejects Wiretap-Act Analogies for GPS & Cell-Site TrackingA Commentary on United States v. Reginald Twitty, 4th Cir. (2025)

Date: Jul 24, 2025
“From Wheels to Wires” – The Fourth Circuit Clarifies Ambiguous Appeal Waivers and Rejects Wiretap-Act Analogies for GPS & Cell-Site Tracking A Comprehensive Commentary on United States v. Reginald...

        Fourth Circuit Affirms Use of Asylum-Interview Notes as Sole Basis for Adverse Credibility Findings

Fourth Circuit Affirms Use of Asylum-Interview Notes as Sole Basis for Adverse Credibility Findings

Date: Jul 23, 2025
Fourth Circuit Affirms Use of Asylum-Interview Notes as Sole Basis for Adverse Credibility Findings 1. Introduction In Humberto Pineda Valdez v. Pamela Bondi, the United States Court of Appeals for...
Associational Standing Re-Drawn: Fourth Circuit Allows Trade Associations to Allege Facial ICCTA Pre-emption but Bars Blanket Takings Claims

Associational Standing Re-Drawn: Fourth Circuit Allows Trade Associations to Allege Facial ICCTA Pre-emption but Bars Blanket Takings Claims

Date: Jul 22, 2025
Associational Standing Re-Drawn: Fourth Circuit Allows Trade Associations to Allege Facial ICCTA Pre-emption but Bars Blanket Takings Claims 1. Introduction In Association of American Railroads v....
“Supportability & Consistency Reign Supreme” – The Fourth Circuit’s Definitive Guidepost for Evaluating Mental-Health Evidence after the 2017 SSA Rule (Dawn Drumgold v. Commissioner of Social Security)

“Supportability & Consistency Reign Supreme” – The Fourth Circuit’s Definitive Guidepost for Evaluating Mental-Health Evidence after the 2017 SSA Rule (Dawn Drumgold v. Commissioner of Social Security)

Date: Jul 22, 2025
“Supportability & Consistency Reign Supreme” The Fourth Circuit’s Definitive Guidepost for Evaluating Mental-Health Evidence after the 2017 SSA Rule 1. Introduction Dawn M. Drumgold, a former Social...
“First Determine the Chapter”: The Fourth Circuit’s New Directive on Choosing Among FAA Chapters in Employers' Innovative Network, LLC v. Bridgeport Benefits, Inc.

“First Determine the Chapter”: The Fourth Circuit’s New Directive on Choosing Among FAA Chapters in Employers' Innovative Network, LLC v. Bridgeport Benefits, Inc.

Date: Jul 22, 2025
“First Determine the Chapter”: The Fourth Circuit’s New Directive on Choosing Among FAA Chapters in Employers' Innovative Network, LLC v. Bridgeport Benefits, Inc. Introduction Employers’ Innovative...
Fourth Circuit Abolishes the “Reasonable-Interpretation” Safe Harbor in Healthcare-Fraud Cases: A Commentary on United States v. Elfenbein

Fourth Circuit Abolishes the “Reasonable-Interpretation” Safe Harbor in Healthcare-Fraud Cases: A Commentary on United States v. Elfenbein

Date: Jul 22, 2025
Fourth Circuit Abolishes the “Reasonable-Interpretation” Safe Harbor in Healthcare-Fraud Cases: United States v. Elfenbein 1. Introduction In United States v. Ron Elfenbein, the United States Court...
Williams v. Fairfax County: The Fourth Circuit Clarifies that “Minor Discrepancies” Cannot Establish Pretext under Title VII

Williams v. Fairfax County: The Fourth Circuit Clarifies that “Minor Discrepancies” Cannot Establish Pretext under Title VII

Date: Jul 22, 2025
Williams v. Fairfax County: The Fourth Circuit Clarifies that “Minor Discrepancies” Cannot Establish Pretext under Title VII Introduction The Fourth Circuit Court of Appeals’ unpublished opinion in...
Fourth Circuit Clarifies Implied Indemnity Between Joint Tortfeasors in Strict Products Liability While Re-affirming the American Rule on Attorneys’ Fees

Fourth Circuit Clarifies Implied Indemnity Between Joint Tortfeasors in Strict Products Liability While Re-affirming the American Rule on Attorneys’ Fees

Date: Jul 22, 2025
Fourth Circuit Clarifies Implied Indemnity Between Joint Tortfeasors in Strict Products Liability While Re-affirming the American Rule on Attorneys’ Fees 1. Introduction The published opinion in...
No Scienter Necessary: The Fourth Circuit’s Landmark Ruling on Civil RICO “Unlawful-Debt” Claims in Williams v. Martorello

No Scienter Necessary: The Fourth Circuit’s Landmark Ruling on Civil RICO “Unlawful-Debt” Claims in Williams v. Martorello

Date: Jul 22, 2025
No Scienter Necessary: The Fourth Circuit’s Landmark Ruling on Civil RICO “Unlawful-Debt” Claims in Williams v. Martorello Introduction Williams v. Martorello, decided on 16 July 2025 by the United...
Clarifying Primary vs. Secondary Fault: Fourth Circuit Recognizes Implied Indemnification Between Joint Tortfeasors in Maryland Strict-Liability Actions, But Reaffirms the American Rule on Attorneys’ Fees

Clarifying Primary vs. Secondary Fault: Fourth Circuit Recognizes Implied Indemnification Between Joint Tortfeasors in Maryland Strict-Liability Actions, But Reaffirms the American Rule on Attorneys’ Fees

Date: Jul 22, 2025
Clarifying Primary vs. Secondary Fault: Fourth Circuit Recognizes Implied Indemnification Between Joint Tortfeasors in Maryland Strict-Liability Actions, But Reaffirms the American Rule on Attorneys’...
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