4th Circuit Case Commentaries

Forfeiture of Timeliness Challenges in Civil Commitment Proceedings: Fourth Circuit Upholds §4246 Order in Carrington

Date: Jan 24, 2024

Forfeiture of Timeliness Challenges in Civil Commitment Proceedings: Fourth Circuit Upholds §4246 Order in Carrington Introduction In the case of United States of America v. Theodore Macon...

Reversing Summary Judgment in Reyes v. Waples Mobile Home Park: Establishing New Standards in Fair Housing Law

Date: Jan 24, 2024

Reversing Summary Judgment in Reyes v. Waples Mobile Home Park: Establishing New Standards in Fair Housing Law Introduction The case of Reyes v. Waples Mobile Home Park Limited Partnership marks a...

Affirmation of Drug-Trafficking Conviction Without Speedy Trial Act Violation or Unconstitutional Traffic Stops

Date: Jan 23, 2024

Affirmation of Drug-Trafficking Conviction Without Speedy Trial Act Violation or Unconstitutional Traffic Stops Introduction In the case of United States of America v. Trezith Rashad Smart, the...

Fourth Circuit Upholds Strict Ascertainability Standards for TCPA Class Actions: Distinguishing Stand-Alone Fax Machines from Online Services

Date: Jan 23, 2024

Fourth Circuit Upholds Strict Ascertainability Standards for TCPA Class Actions: Distinguishing Stand-Alone Fax Machines from Online Services Introduction In the recent appellate decision Career...

Enforcing Oral Sentencing Standards: Fourth Circuit Vacates Supervised Release Conditions in Newby v. United States

Date: Jan 20, 2024

Enforcing Oral Sentencing Standards: Fourth Circuit Vacates Supervised Release Conditions in Newby v. United States Introduction The case of United States of America v. Martrey Antwain Newby...

Tartaro-McGowan v. Inova Home Health: Upholding Reasonable Accommodations Under the ADA Amidst Pandemic Challenges

Date: Jan 18, 2024

Tartaro-McGowan v. Inova Home Health: Upholding Reasonable Accommodations Under the ADA Amidst Pandemic Challenges Introduction Tartaro-McGowan v. Inova Home Health, LLC; Alternate Solutions Health...

Affirmation of Plea Validity and Sentencing Reasonableness in Firearm Offenses

Date: Jan 17, 2024

Affirmation of Plea Validity and Sentencing Reasonableness in Firearm Offenses Introduction In the case of United States of America v. Anthony Dewayne Daye, the United States Court of Appeals for the...

Clarifying Appellate Review Standards in Sentencing Enhancements: United States v. Gross

Date: Jan 13, 2024

Clarifying Appellate Review Standards in Sentencing Enhancements: United States v. Gross Introduction In United States v. Gross, 90 F.4th 715 (4th Cir. 2024), the United States Court of Appeals for...

Impact of Confrontation Clause Interpretations in Maynard v. United States

Date: Jan 12, 2024

Impact of Confrontation Clause Interpretations in Maynard v. United States Introduction Maynard v. United States is a significant appellate case decided by the United States Court of Appeals for the...

Fourth Circuit Reinforces 'Good Faith' Exception for Warrantless CSLI under SCA, Affirms RICO and VICAR Convictions in MS-13 Murder Case

Date: Jan 11, 2024

Fourth Circuit Reinforces 'Good Faith' Exception for Warrantless CSLI under SCA, Affirms RICO and VICAR Convictions in MS-13 Murder Case Introduction The case of United States of America v. Juan...

Fourth Circuit Clarifies De Novo Review Standards in FMLA Statute of Limitations Cases

Date: Jan 10, 2024

Fourth Circuit Clarifies De Novo Review Standards in FMLA Statute of Limitations Cases Introduction In the case of Stanford Lance Weaver v. United States Postal Service, decided on January 9, 2024,...

Accrual of Claims in Title IX and Procedural Due Process: Insights from Reid v. James Madison University

Date: Jan 10, 2024

Accrual of Claims in Title IX and Procedural Due Process: Insights from Reid v. James Madison University Introduction The case of Alyssa Reid v. James Madison University represents a pivotal moment...

United States v. Huskey et al.: Upholding RICO Conspiracy Convictions and Enhanced Sentencing for Gang-Related Homicides

Date: Jan 9, 2024

United States v. Huskey et al.: Upholding RICO Conspiracy Convictions and Enhanced Sentencing for Gang-Related Homicides Introduction In the landmark case United States of America,...

Fourth Circuit Affirms Supervised Release Revocation Sentencing Framework in United States v. Lewis

Date: Jan 9, 2024

Fourth Circuit Affirms Supervised Release Revocation Sentencing Framework in United States v. Lewis Introduction In the case of United States of America v. Richard Dewayne Lewis, 90 F.4th 288 (4th...

Balancing Compassionate Release and §3553(a) Factors: Centeno-Morales v. United States

Date: Jan 6, 2024

Balancing Compassionate Release and §3553(a) Factors: Centeno-Morales v. United States Introduction The case of United States of America v. Angel Manuel Centeno-Morales (90 F.4th 274) marks a...

False Arrest Determination in Kewon English Case Sets New Precedent

Date: Jan 6, 2024

False Arrest Determination in Kewon English Case Sets New Precedent Introduction The case of Kewon English v. Joseph Clarke et al. adjudicated by the United States Court of Appeals for the Fourth...

Fourth Circuit Establishes Indictments Do Not Constitute 'Claims' Under Professional Liability Insurance Policies

Date: Jan 5, 2024

Fourth Circuit Establishes Indictments Do Not Constitute 'Claims' Under Professional Liability Insurance Policies Introduction In the landmark case of Jeremy W. Schulman v. Axis Surplus Insurance...

Fourth Circuit Upholds 'Prohibited Person' Status for Unlawful Drug Users in 18 U.S.C. § 922(g)(3) Enhancement

Date: Jan 5, 2024

Fourth Circuit Upholds 'Prohibited Person' Status for Unlawful Drug Users in 18 U.S.C. § 922(g)(3) Enhancement Introduction In the case of United States of America v. Jahsir Justin Claybrooks, the...

Ownership of Core Inventory and First Material Breach Doctrine in Auto Parts Distribution Agreements: Comprehensive Analysis of REMY HOLDINGS INTERNATIONAL, LLC v. FISHER AUTO PARTS, INC.

Date: Jan 4, 2024

Ownership of Core Inventory and First Material Breach Doctrine in Auto Parts Distribution Agreements: Comprehensive Analysis of REMY HOLDINGS INTERNATIONAL, LLC v. FISHER AUTO PARTS, INC....

Fourth Circuit Affirms Qualified Immunity in Eighth Amendment Confinement Claims but Recognizes First Amendment Retaliation in Prison Transfers: Jones v. Solomon

Date: Jan 4, 2024

Fourth Circuit Affirms Qualified Immunity in Eighth Amendment Confinement Claims but Recognizes First Amendment Retaliation in Prison Transfers: Jones v. Solomon Introduction In Jordan Andrew Jones...