4th Circuit Case Commentaries

Affirmation of Summary Judgment in Palmer v. Liberty University on ADEA Claims and Application of Constitutional Avoidance Doctrine

Date: Jul 1, 2023

Affirmation of Summary Judgment in Palmer v. Liberty University on ADEA Claims and Application of Constitutional Avoidance Doctrine Introduction In the recent appellate decision Palmer v. Liberty...

Affirmation of Default Judgment in Discovery Abuse under TCPA and WVCCPA: Mey v. Phillips et al.

Date: Jun 24, 2023

Affirmation of Default Judgment in Discovery Abuse under TCPA and WVCCPA: Mey v. Phillips et al. Introduction In the landmark case of Diana Mey v. Judson Phillips, Esq. et al., the United States...

Establishing Limits on Hostile Work Environment Claims: Analysis of Robinson & Hall v. Priority Automotive Huntersville

Date: Jun 16, 2023

Establishing Limits on Hostile Work Environment Claims: Analysis of Robinson & Hall v. Priority Automotive Huntersville Introduction In the landmark case Robinson & Hall v. Priority Automotive...

Reinforcing Qualified Immunity: The Fourth Circuit's Decision in Hulbert v. Pope

Date: Jun 15, 2023

Reinforcing Qualified Immunity: The Fourth Circuit's Decision in Hulbert v. Pope Introduction The case of CLAYTON R. HULBERT, et al. v. BRIAN T. POPE, et al. adjudicated by the United States Court of...

Fourth Circuit Establishes Rigorous Standards for Title IX Employment Discrimination Claims in Kashdan v. George Mason University

Date: Jun 14, 2023

Fourth Circuit Establishes Rigorous Standards for Title IX Employment Discrimination Claims in Kashdan v. George Mason University Introduction In the landmark case of Todd Kashdan, f/k/a John Doe,...

Affirmation of Procedural Due Process in Student Expulsion: Doe v. The Citadel

Date: Jun 13, 2023

Affirmation of Procedural Due Process in Student Expulsion: Doe v. The Citadel Introduction In the case of John Doe, Plaintiff-Appellant v. The Citadel, Defendants-Appellees, the United States Court...

Enhanced Scrutiny of ALJ’s Evaluation of Medical Opinions under 20 C.F.R. § 404.1520c: Oakes v. Kijakazi Precedent

Date: Jun 8, 2023

Enhanced Scrutiny of ALJ’s Evaluation of Medical Opinions under 20 C.F.R. § 404.1520c: Oakes v. Kijakazi Precedent Introduction The case of Renard T. Oakes v. Kilolo Kijakazi, decided by the United...

Limiting the Bivens Remedy: Fourth Circuit Affirms Dismissal in Mays v. Smith

Date: Jun 7, 2023

Limiting the Bivens Remedy: Fourth Circuit Affirms Dismissal in Mays v. Smith Introduction In the landmark case of Mays v. Smith, decided on June 6, 2023, the United States Court of Appeals for the...

Fourth Circuit Reinforces Fourteenth Amendment Protections Against Deliberate Indifference in Prisoner Medical Care

Date: May 31, 2023

Fourth Circuit Reinforces Fourteenth Amendment Protections Against Deliberate Indifference in Prisoner Medical Care Introduction In the landmark case of Shelly Kaye Stevens v. The Estate of James...

Clarifying 'Weight of the Evidence' in New Trial Standards: United States v. Rafiekian

Date: May 19, 2023

Clarifying 'Weight of the Evidence' in New Trial Standards: United States v. Rafiekian Introduction In United States v. Rafiekian, the United States Court of Appeals for the Fourth Circuit reaffirmed...

Establishing a Preponderance of Evidence Standard for Revocation of Conditional Discharge Under 18 U.S.C. § 4246(f)

Date: May 5, 2023

Establishing a Preponderance of Evidence Standard for Revocation of Conditional Discharge Under 18 U.S.C. § 4246(f) Introduction In the landmark case of United States of America v. Christopher...

De Novo Review Requirement in Habeas Corpus Petitions: Insights from Elijah v. Dunbar

Date: Apr 22, 2023

De Novo Review Requirement in Habeas Corpus Petitions: Insights from Elijah v. Dunbar Introduction The case of Larone F. Elijah v. Richard S. Dunbar, adjudicated by the United States Court of Appeals...

Enhanced Scrutiny for Compassionate Release: United States v. Puzey

Date: Apr 19, 2023

Enhanced Scrutiny for Compassionate Release: United States v. Puzey Introduction The case of United States of America v. Michael Paul Puzey addresses the complexities surrounding motions for...

Jurisdictional Boundaries in Intervention Motions: Insights from FTC v. Yu Lin et al.

Date: Apr 19, 2023

Jurisdictional Boundaries in Intervention Motions: Insights from FTC v. Yu Lin et al. Introduction The case Federal Trade Commission v. Yu Lin et al. (66 F.4th 164) addressed pivotal issues...

Affirmation of Summary Judgment in ADA and Title IX Retaliation Claims: Reinforcing the Burden-Shifting Framework under McDonnell Douglas

Date: Apr 19, 2023

Affirmation of Summary Judgment in ADA and Title IX Retaliation Claims: Reinforcing the Burden-Shifting Framework under McDonnell Douglas Introduction In the appellate case Summer D. Lashley, Ph.D....

Establishing Preclusive Effect of Bar Disciplinary Actions in Fee Recovery Cases

Date: Apr 19, 2023

Establishing Preclusive Effect of Bar Disciplinary Actions in Fee Recovery Cases Introduction In Halscott Megaro, P.A. v. Henry McCollum et al., 66 F.4th 151 (2023), the United States Court of...

Affirmation of Aiding and Abetting as a Controlled Substance Offense under Sentencing Guidelines: United States v. Groves

Date: Apr 15, 2023

Affirmation of Aiding and Abetting as a Controlled Substance Offense under Sentencing Guidelines: United States v. Groves Introduction In the landmark case of United States of America v. Patrick...

Prospective Strike Designations Under the Prison Litigation Reform Act: Pitts v. State of South Carolina

Date: Apr 14, 2023

Prospective Strike Designations Under the Prison Litigation Reform Act: Pitts v. State of South Carolina Introduction In the case of Kevin Pitts v. State of South Carolina, the United States Court of...

Fourth Circuit Affirms Independent Service Periods for Acting Officers under the Federal Vacancies Reform Act

Date: Apr 12, 2023

Fourth Circuit Affirms Independent Service Periods for Acting Officers under the Federal Vacancies Reform Act Introduction The case of Barbara Rush, Cynthia Parker, and Vanesea Nwobi v. Kiilolo...

Fourth Circuit Denies Qualified Immunity in Fatal Police Shooting, Reinforcing Standards for Reasonable Perception of Threat

Date: Apr 5, 2023

Fourth Circuit Denies Qualified Immunity in Fatal Police Shooting, Reinforcing Standards for Reasonable Perception of Threat Introduction The case of Deborah Franklin, as Administrator of the Estate...