4th Circuit Case Commentaries

Affirmation of Original Sentencing in Light of Concepcion v. United States: Implications for First Step Act Resentencing

Date: Mar 30, 2023

Affirmation of Original Sentencing in Light of Concepcion v. United States: Implications for First Step Act Resentencing Introduction In the case of United States of America v. David Troy III, the...

Affirmation of Dual Exhaustion Requirement under the Prison Litigation Reform Act for Rehabilitation Act Claims

Date: Mar 30, 2023

Affirmation of Dual Exhaustion Requirement under the Prison Litigation Reform Act for Rehabilitation Act Claims Introduction The case of Webster Douglas Williams, III v. Michael Carvajal et al.,...

Fourth Circuit Upholds Forfeiture of §2254(e)(2) Arguments in Habeas Corpus Proceedings

Date: Mar 23, 2023

Fourth Circuit Upholds Forfeiture of §2254(e)(2) Arguments in Habeas Corpus Proceedings Introduction In Sammie Louis Stokes v. Bryan P. Stirling, 64 F.4th 131 (2023), the United States Court of...

SSA's Revised Rules Supersede Precedents on Consideration of VA Disability Determinations in Social Security Claims

Date: Mar 21, 2023

SSA's Revised Rules Supersede Precedents on Consideration of VA Disability Determinations in Social Security Claims Introduction The case of Shanette Rogers v. Kilolo Kijakazi adjudicated by the...

Limits on Bivens Actions in Federal Prison Official Negligence Claims: Fourth Circuit Establishes New Precedent

Date: Mar 4, 2023

Limits on Bivens Actions in Federal Prison Official Negligence Claims: Fourth Circuit Establishes New Precedent Introduction In the case of William M. Bulger, Administrator of the Estate of James...

Langford v. Joyner et al.: Clarifying Standards for Allegations in Eighth Amendment Bivens Claims

Date: Mar 3, 2023

Langford v. Joyner et al.: Clarifying Standards for Allegations in Eighth Amendment Bivens Claims Introduction In the landmark case of Chad Edwin Langford v. Hector Joyner, Warden FCI Estill et al.,...

Enhancing Weight to Treating Physician's Opinion in SSDI Claims: Shelley C. v. SSA

Date: Feb 23, 2023

Enhancing Weight to Treating Physician's Opinion in SSDI Claims: Shelley C. v. SSA Introduction In the landmark case of Shelley C. v. Commissioner of Social Security Administration, the United States...

Article III Standing in State Law Claims: O'Leary v. TrustedID, Inc. Establishes Key Precedent

Date: Feb 22, 2023

Article III Standing in State Law Claims: O'Leary v. TrustedID, Inc. Establishes Key Precedent Introduction In O'Leary v. TrustedID, Inc., the United States Court of Appeals for the Fourth Circuit...

Invalidation of Residual Clause in 18 U.S.C. § 924(c): Comprehensive Analysis of United States v. Donzell Ali McKinney

Date: Feb 17, 2023

Invalidation of Residual Clause in 18 U.S.C. § 924(c): Comprehensive Analysis of United States v. Donzell Ali McKinney Introduction The case of United States of America v. Donzell Ali McKinney,...

Affirmation of Hobbs Act Robbery Conviction Under Harmless Error Doctrine

Date: Feb 15, 2023

Affirmation of Hobbs Act Robbery Conviction Under Harmless Error Doctrine Introduction In the appellate case of United States of America v. Demarcus Donte Ivey, 60 F.4th 99 (4th Cir. 2023), the...

But-For Causation Remains Essential in ADEA Age Discrimination Claims

Date: Feb 14, 2023

But-For Causation Remains Essential in ADEA Age Discrimination Claims Introduction In Bandy v. City of Salem, Virginia, the United States Court of Appeals for the Fourth Circuit addressed a pivotal...

Fourth Circuit Clarifies Independence of §1981 Claims from Railway Labor Act Arbitration: Giles v. Amtrak

Date: Feb 11, 2023

Fourth Circuit Clarifies Independence of §1981 Claims from Railway Labor Act Arbitration: Giles v. Amtrak Introduction In the case of Duncan E. Giles v. National Railroad Passenger Corporation...

First Amendment Protections for Livestreaming Police Interactions: Sharpe v. Winterville PD Creates New Legal Precedent

Date: Feb 8, 2023

First Amendment Protections for Livestreaming Police Interactions: Sharpe v. Winterville Police Department Creates New Legal Precedent Introduction In the landmark case of Dijon Sharpe v. Winterville...

Fourth Circuit Clarifies Search Warrant Scope and Supervised Release Conditions in Digital Evidence and Child Pornography Cases

Date: Feb 4, 2023

Fourth Circuit Clarifies Search Warrant Scope and Supervised Release Conditions in Digital Evidence and Child Pornography Cases Introduction In the case of United States of America v. Christopher...

Commencement of Federal Civil Action: Clarifying the Role of Filing Fees in Andrew Allen v. Atlas Box and Crating Co.

Date: Feb 4, 2023

Commencement of Federal Civil Action: Clarifying the Role of Filing Fees in Andrew Allen v. Atlas Box and Crating Co.. Introduction In the landmark case of Andrew Allen v. Atlas Box and Crating Co.,...

Enhancing Procedural Due Process and First Amendment Protections for Inmates: Shaw v. Foreman

Date: Feb 4, 2023

Enhancing Procedural Due Process and First Amendment Protections for Inmates: Shaw v. Foreman Introduction In the case of Emmanuel King Shaw v. T.S. Foreman et al., the United States Court of Appeals...

Reed v. United States: Clarifying District Courts’ Obligations Under the First Step Act

Date: Feb 2, 2023

Reed v. United States: Clarifying District Courts’ Obligations Under the First Step Act Introduction In the landmark case Reed v. United States, 58 F.4th 816 (4th Cir. 2023), the United States Court...

Choice of Law is Waivable: Implications for Federal Subject-Matter Jurisdiction in Diversity Cases

Date: Jan 21, 2023

Choice of Law is Waivable: Implications for Federal Subject-Matter Jurisdiction in Diversity Cases Introduction The case of Malcolm Wiener v. AXA Equitable Life Insurance Company (58 F.4th 774)...

Deliberate Indifference by Housing Authority Establishes Substantive Due Process Violation in Carbon Monoxide Poisoning Case

Date: Jan 20, 2023

Deliberate Indifference by Housing Authority Establishes Substantive Due Process Violation in Carbon Monoxide Poisoning Case Introduction The case of Danielle Washington, Personal Representative of...

Enhanced Review Standards for Compassionate Release Denials in the Fourth Circuit

Date: Jan 19, 2023

Enhanced Review Standards for Compassionate Release Denials in the Fourth Circuit Introduction In the case of United States of America v. Jose Jesus Gutierrez, the United States Court of Appeals for...