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  • Commentaries
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4th Circuit Case Commentaries

Presumption of Impartiality Upheld in Accreditation Proceedings: WARDS CORNER BEAUTY ACADEMY v. NACCAS

Presumption of Impartiality Upheld in Accreditation Proceedings: WARDS CORNER BEAUTY ACADEMY v. NACCAS

Date: May 1, 2019
Presumption of Impartiality Upheld in Accreditation Proceedings: WARDS CORNER BEAUTY ACADEMY v. NATIONAL ACCREDITING COMMISSION OF CAREER ARTS & SCIENCES Introduction In WARDS CORNER BEAUTY ACADEMY,...
Fraudulent Concealment Tolling RESPA Statute of Limitations – Fourth Circuit Reverses District Court

Fraudulent Concealment Tolling RESPA Statute of Limitations – Fourth Circuit Reverses District Court

Date: Apr 27, 2019
Fraudulent Concealment Tolling RESPA Statute of Limitations – Fourth Circuit Reverses District Court Introduction In the case of Mary E. Edmondson et al. v. Eagle National Bank et al., the United...
Limiting Bivens Remedies in Immigration Enforcement: Fourth Circuit Reverses District Court

Limiting Bivens Remedies in Immigration Enforcement: Fourth Circuit Reverses District Court

Date: Apr 27, 2019
Limiting Bivens Remedies in Immigration Enforcement: Fourth Circuit Reverses District Court Introduction In the case of MYNOR ABDIEL TUN-COS et al. v. B. PERROTTE et al., the United States Court of...
Substitution of Undisclosed Predicate Convictions in Career Offender Designations: United States v. Winbush

Substitution of Undisclosed Predicate Convictions in Career Offender Designations: United States v. Winbush

Date: Apr 24, 2019
Substitution of Undisclosed Predicate Convictions in Career Offender Designations: United States v. Winbush Introduction The case of United States of America v. Antwaun Maurice Winbush, decided by...
Establishing Comparator and Pretext in Title VII Employment Discrimination: Insights from Haynes v. Waste Connections

Establishing Comparator and Pretext in Title VII Employment Discrimination: Insights from Haynes v. Waste Connections

Date: Apr 24, 2019
Establishing Comparator and Pretext in Title VII Employment Discrimination: Insights from Haynes v. Waste Connections Introduction The case of Jimmy A. Haynes v. Waste Connections, Inc. addressed...
Restricting Nonparty Discovery of State Execution Protocols: VDOC v. Jordan & Chase

Restricting Nonparty Discovery of State Execution Protocols: VDOC v. Jordan & Chase

Date: Apr 12, 2019
Restricting Nonparty Discovery of State Execution Protocols: VDOC v. Jordan & Chase Introduction In the landmark case Virginia Department of Corrections (VDOC) v. Richard Jordan and Ricky Chase, the...
Establishing the Necessity of Comparable Work in Equal Pay Claims: Spencer v. Virginia State University

Establishing the Necessity of Comparable Work in Equal Pay Claims: Spencer v. Virginia State University

Date: Mar 19, 2019
Establishing the Necessity of Comparable Work in Equal Pay Claims: Spencer v. Virginia State University Introduction In the 2019 case of Zoe Spencer v. Virginia State University, the United States...
Clarifying the Scope of Eminent Domain under the Natural Gas Act: Insights from Mountain Valley Pipeline, LLC v. Western Pocahontas Properties Limited Partnership

Clarifying the Scope of Eminent Domain under the Natural Gas Act: Insights from Mountain Valley Pipeline, LLC v. Western Pocahontas Properties Limited Partnership

Date: Mar 14, 2019
Clarifying the Scope of Eminent Domain under the Natural Gas Act: Insights from Mountain Valley Pipeline, LLC v. Western Pocahontas Properties Limited Partnership Introduction The case of Mountain...
Fourth Circuit Affirms: Tailored Cautionary Language in Proxy Statements Satisfies SEC Rule 14a-9 Materiality

Fourth Circuit Affirms: Tailored Cautionary Language in Proxy Statements Satisfies SEC Rule 14a-9 Materiality

Date: Mar 12, 2019
Fourth Circuit Affirms: Tailored Cautionary Language in Proxy Statements Satisfies SEC Rule 14a-9 Materiality Introduction The case of Paradise Wire & Cable Defined Benefit Pension Plan et al. v....
Enhanced Requirements for Residual Functional Capacity Assessments in Disability Determinations

Enhanced Requirements for Residual Functional Capacity Assessments in Disability Determinations

Date: Mar 9, 2019
Enhanced Requirements for Residual Functional Capacity Assessments in Disability Determinations Introduction In the case of William Perry v. Nancy A. Berryhill, the United States Court of Appeals for...
Affirmation of Career Offender Enhancement in United States v. Morris: Ineffective Assistance of Counsel Not Established

Affirmation of Career Offender Enhancement in United States v. Morris: Ineffective Assistance of Counsel Not Established

Date: Mar 9, 2019
Affirmation of Career Offender Enhancement in United States v. Morris: Ineffective Assistance of Counsel Not Established Introduction In the case of United States of America v. Steven Lavonne Morris,...
Adequacy of Representation and Intra-Class Conflict: Fourth Circuit Sets New Standard in Class Certification

Adequacy of Representation and Intra-Class Conflict: Fourth Circuit Sets New Standard in Class Certification

Date: Mar 1, 2019
Adequacy of Representation and Intra-Class Conflict: Fourth Circuit Sets New Standard in Class Certification Introduction The United States Court of Appeals for the Fourth Circuit, in the landmark...
Individualized Justifications Mandatory for §3582(c)(2) Sentence Reductions: Fourth Circuit's Vacatur in United States v. Martin and Mangual

Individualized Justifications Mandatory for §3582(c)(2) Sentence Reductions: Fourth Circuit's Vacatur in United States v. Martin and Mangual

Date: Feb 27, 2019
Individualized Justifications Mandatory for §3582(c)(2) Sentence Reductions: Fourth Circuit's Vacatur in United States v. Martin and Mangual Introduction In the landmark decision of United States v....
Affirmation of Extraterritorial Civil Liability under the Trafficking Victims Protection Act in Roe v. Howard

Affirmation of Extraterritorial Civil Liability under the Trafficking Victims Protection Act in Roe v. Howard

Date: Feb 26, 2019
Affirmation of Extraterritorial Civil Liability under the Trafficking Victims Protection Act in Roe v. Howard Introduction Roe v. Howard is a landmark appellate decision from the United States Court...
Enforceability of Subject-to-Appropriation Obligations in Municipal Financing: 4th Circuit Affirms Dismissal in ACA Financial Guaranty Corp. v. City of Buena Vista

Enforceability of Subject-to-Appropriation Obligations in Municipal Financing: 4th Circuit Affirms Dismissal in ACA Financial Guaranty Corp. v. City of Buena Vista

Date: Feb 22, 2019
Enforceability of Subject-to-Appropriation Obligations in Municipal Financing: 4th Circuit Affirms Dismissal in ACA Financial Guaranty Corp. v. City of Buena Vista Introduction The case of ACA...
New Precedent on Employer Obligations Under the Rehabilitation Act and FMLA

New Precedent on Employer Obligations Under the Rehabilitation Act and FMLA

Date: Feb 20, 2019
Enhancing Employer Responsibilities: A Comprehensive Review of Hannah P. v. Daniel Coats et al. Introduction In the landmark case of Hannah P., Plaintiff-Appellant, v. Daniel Coats, Director of the...
Distinguishing Fees from Taxes: Norfolk Southern Railway Co. v. City of Roanoke - A Comprehensive Commentary

Distinguishing Fees from Taxes: Norfolk Southern Railway Co. v. City of Roanoke - A Comprehensive Commentary

Date: Feb 16, 2019
Distinguishing Fees from Taxes: Norfolk Southern Railway Co. v. City of Roanoke - A Comprehensive Commentary Introduction In the case of Norfolk Southern Railway Company v. City of Roanoke, the...
Reaffirming Secular Educational Standards in Comparative Religion Instruction: Caleigh Wood v. Arnold et al.

Reaffirming Secular Educational Standards in Comparative Religion Instruction: Caleigh Wood v. Arnold et al.

Date: Feb 12, 2019
Reaffirming Secular Educational Standards in Comparative Religion Instruction: Caleigh Wood v. Arnold et al. Introduction In Caleigh Wood v. Evelyn Arnold et al. (915 F.3d 308, 4th Cir. 2019), the...
4th Circuit Establishes Liability for Sex-Based Hostile Work Environment via False Rumors under Title VII

4th Circuit Establishes Liability for Sex-Based Hostile Work Environment via False Rumors under Title VII

Date: Feb 9, 2019
4th Circuit Establishes Liability for Sex-Based Hostile Work Environment via False Rumors under Title VII Introduction In the case of Evangeline J. Parker v. Reema Consulting Services, Inc., the...
Fourth Circuit Upholds Tax Payment Agreements as Consumer Credit Transactions under TILA and EFTA

Fourth Circuit Upholds Tax Payment Agreements as Consumer Credit Transactions under TILA and EFTA

Date: Feb 7, 2019
Fourth Circuit Upholds Tax Payment Agreements as Consumer Credit Transactions under TILA and EFTA Introduction In Garry Curtis v. Propel Property Tax Funding, LLC; Propel Financial Services, LLC, 915...
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