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  • Commentaries
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4th Circuit Case Commentaries

Determining Fiduciary Duty Under ERISA: Insights from Gordon v. CIGNA Corporation

Determining Fiduciary Duty Under ERISA: Insights from Gordon v. CIGNA Corporation

Date: May 16, 2018
Determining Fiduciary Duty Under ERISA: Insights from Gordon v. CIGNA Corporation Introduction The case of Kimberly P. Gordon v. CIGNA Corporation; Life Insurance Company of North America presents a...
Fourth Circuit Upholds SSA Disability Denial: Implications for Residual Functional Capacity Evaluations and Remand Procedures

Fourth Circuit Upholds SSA Disability Denial: Implications for Residual Functional Capacity Evaluations and Remand Procedures

Date: May 9, 2018
Fourth Circuit Upholds SSA Disability Denial: Implications for Residual Functional Capacity Evaluations and Remand Procedures Introduction In the case of Charlie Parker, Jr. v. Nancy A. Berryhill,...
Strengthening Absolute Prosecutorial Immunity: Insights from Nero v. Mosby

Strengthening Absolute Prosecutorial Immunity: Insights from Nero v. Mosby

Date: May 8, 2018
Strengthening Absolute Prosecutorial Immunity: Insights from Nero v. Mosby Introduction In the landmark decision of Nero v. Mosby, decided on May 7, 2018, the United States Court of Appeals for the...
Affirmation of State's Right to Set Vision Standards Under ADA and Rehabilitation Act: Wood v. Maryland Department of Transportation

Affirmation of State's Right to Set Vision Standards Under ADA and Rehabilitation Act: Wood v. Maryland Department of Transportation

Date: May 8, 2018
Affirmation of State's Right to Set Vision Standards Under ADA and Rehabilitation Act: Wood v. Maryland Department of Transportation Introduction In the case of David Wood v. Maryland Department of...
Application of Substantial Evidence Standard in SSA Disability Cases: Keene v. Berryhill

Application of Substantial Evidence Standard in SSA Disability Cases: Keene v. Berryhill

Date: May 3, 2018
Application of Substantial Evidence Standard in SSA Disability Cases: Keene v. Berryhill Introduction The case of Terry Lee Keene v. Nancy A. Berryhill, Acting Commissioner, Social Security...
Substantial Weight Requirement for Prior State Disability Determinations in SSA Cases

Substantial Weight Requirement for Prior State Disability Determinations in SSA Cases

Date: Apr 27, 2018
Substantial Weight Requirement for Prior State Disability Determinations in SSA Cases Introduction The case of Billie J. Woods v. Nancy A. Berryhill, Acting Commissioner of Social Security (888 F.3d...
Scope and Limitations of Appeal Waivers in Plea Agreements: Insights from United States v. Cohen

Scope and Limitations of Appeal Waivers in Plea Agreements: Insights from United States v. Cohen

Date: Apr 26, 2018
Scope and Limitations of Appeal Waivers in Plea Agreements: Insights from United States v. Cohen Introduction The case of United States v. Jeffrey Brian Cohen, 888 F.3d 667 (4th Cir. 2018), serves as...
Fourth Circuit Establishes Rigorous Standards for Trademark Infringement and Likelihood of Confusion

Fourth Circuit Establishes Rigorous Standards for Trademark Infringement and Likelihood of Confusion

Date: Apr 25, 2018
Fourth Circuit Establishes Rigorous Standards for Trademark Infringement and Likelihood of Confusion Introduction The legal battle between Variety Stores, Inc. and Wal-Mart Stores, Inc. culminated in...
Affirmation of Derivative Sovereign Immunity: Application of the Yearsley Doctrine to Federal Claims in Cunningham v. General Dynamics Information Technology, Inc.

Affirmation of Derivative Sovereign Immunity: Application of the Yearsley Doctrine to Federal Claims in Cunningham v. General Dynamics Information Technology, Inc.

Date: Apr 25, 2018
Affirmation of Derivative Sovereign Immunity: Application of the Yearsley Doctrine to Federal Claims in Cunningham v. General Dynamics Information Technology, Inc. Introduction Cunningham v. General...
Trademark Infringement and Summary Judgment: Variety Stores, Inc. v. Wal-Mart Stores, Inc.

Trademark Infringement and Summary Judgment: Variety Stores, Inc. v. Wal-Mart Stores, Inc.

Date: Apr 25, 2018
Trademark Infringement and Summary Judgment: Variety Stores, Inc. v. Wal-Mart Stores, Inc. Introduction The legal dispute between Variety Stores, Inc. (“Variety”) and Wal-Mart Stores, Inc....
Clarifying Disclosure Requirements under the Homeowners Protection Act: Dwoskin v. Bank of America

Clarifying Disclosure Requirements under the Homeowners Protection Act: Dwoskin v. Bank of America

Date: Apr 20, 2018
Clarifying Disclosure Requirements under the Homeowners Protection Act: Dwoskin v. Bank of America Introduction The case of Dwoskin et al. v. Bank of America, decided by the United States Court of...
Fourth Circuit Establishes Broadened Interpretation of Race under Section 1981 in Employment Discrimination Case

Fourth Circuit Establishes Broadened Interpretation of Race under Section 1981 in Employment Discrimination Case

Date: Apr 18, 2018
Fourth Circuit Establishes Broadened Interpretation of Race under Section 1981 in Employment Discrimination Case Introduction In the landmark case of Emanuella Nkem Nnadozie; Perpetua Ezeh; Sunday...
Fourth Circuit Affirms Summary Judgment on Due Process and Public Official Immunity in Educational Employment Termination Case

Fourth Circuit Affirms Summary Judgment on Due Process and Public Official Immunity in Educational Employment Termination Case

Date: Apr 4, 2018
Fourth Circuit Affirms Summary Judgment on Due Process and Public Official Immunity in Educational Employment Termination Case Introduction In the case of Bobbydyne McMillan v. Cumberland County...
Savings Clause Applicability Extended to Fundamental Sentencing Errors: UNITED STATES v. Wheeler

Savings Clause Applicability Extended to Fundamental Sentencing Errors: UNITED STATES v. Wheeler

Date: Mar 29, 2018
Savings Clause Applicability Extended to Fundamental Sentencing Errors UNITED STATES of America v. Gerald Adrian Wheeler 886 F.3d 415, United States Court of Appeals, Fourth Circuit, March 28, 2018...
Establishing Standing in First Amendment Challenges: Insights from Niya Kenny et al. v. Wilson et al.

Establishing Standing in First Amendment Challenges: Insights from Niya Kenny et al. v. Wilson et al.

Date: Mar 16, 2018
Establishing Standing in First Amendment Challenges: Insights from Niya Kenny et al. v. Wilson et al. Introduction The case of Niya Kenny, on behalf of herself and all others similarly situated;...
Affirmation of Conspiracy Conviction and Comprehensive Sentencing in United States v. Savage

Affirmation of Conspiracy Conviction and Comprehensive Sentencing in United States v. Savage

Date: Mar 13, 2018
Affirmation of Conspiracy Conviction and Comprehensive Sentencing in United States v. Savage Introduction The case of United States of America v. Junaidu Saljan Savage (885 F.3d 212, 4th Cir. 2018)...
Establishing the Continuing Violation Doctrine in Eighth Amendment Claims: DePaola v. Clarke et al.

Establishing the Continuing Violation Doctrine in Eighth Amendment Claims: DePaola v. Clarke et al.

Date: Mar 10, 2018
Establishing the Continuing Violation Doctrine in Eighth Amendment Claims: DePaola v. Clarke et al. Introduction DePaola v. Clarke et al. is a pivotal case decided by the United States Court of...
Qualified Immunity Affirmed for State Health Officials in Mental Health Service Denial Cases

Qualified Immunity Affirmed for State Health Officials in Mental Health Service Denial Cases

Date: Mar 7, 2018
Qualified Immunity Affirmed for State Health Officials in Mental Health Service Denial Cases Introduction The case of Roxanne Adams, Administrator of the Estate of Jamycheal M. Mitchell, Deceased v....
BAE Systems v. Republic of Korea: Affirming Permissive Forum Selection Clauses and Implied FSIA Waivers in Foreign Military Sales

BAE Systems v. Republic of Korea: Affirming Permissive Forum Selection Clauses and Implied FSIA Waivers in Foreign Military Sales

Date: Mar 7, 2018
BAE Systems v. Republic of Korea: Affirming Permissive Forum Selection Clauses and Implied FSIA Waivers in Foreign Military Sales Introduction In the pivotal case of BAE Systems Technology Solutions...
Fourth Circuit Sets Precedent on Reasonable Suspicion for Extending Traffic Stops

Fourth Circuit Sets Precedent on Reasonable Suspicion for Extending Traffic Stops

Date: Mar 2, 2018
Fourth Circuit Sets Precedent on Reasonable Suspicion for Extending Traffic Stops Introduction In the landmark case of United States of America v. Brian Bowman (884 F.3d 200, 4th Cir. 2018), the...
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