4th Circuit Case Commentaries

Fourth Circuit Upholds FCC's Broad Interpretation of 'Unsolicited Advertisement' under TCPA, Limiting District Court's Jurisdiction

Date: Feb 24, 2018

Fourth Circuit Upholds FCC's Broad Interpretation of 'Unsolicited Advertisement' under TCPA, Limiting District Court's Jurisdiction Introduction In the landmark case of Carlton & Harris Chiropractic,...

Romero Bankruptcy Case: Balancing Fresh Start and Creditor Protection

Date: Feb 22, 2018

Romero Bankruptcy Case: Balancing Fresh Start and Creditor Protection Introduction The case of Ralph Janvey, Creditor–Appellant, v. Peter Romero, Debtor–Appellee (883 F.3d 406, United States Court of...

Service on Statutory Agent Does Not Trigger Removal Period: Insight from Elliott v. American States Insurance Co.

Date: Feb 21, 2018

Service on Statutory Agent Does Not Trigger Removal Period: Insight from Elliott v. American States Insurance Co. Introduction Loretta T. Elliott, the plaintiff-appellant, initiated litigation...

Qualified Immunity Affirmed in Handcuffing of Minor by School Resource Officer

Date: Feb 13, 2018

Qualified Immunity Affirmed in Handcuffing of Minor by School Resource Officer Introduction The case of E.W., a minor, by and through her mother, T.W., Plaintiff–Appellant, versus Rosemary Dolgos,...

Carter v. Fleming: Strengthening Religious Dietary Rights for Inmates under the First Amendment and RLUIPA

Date: Jan 9, 2018

Carter v. Fleming: Strengthening Religious Dietary Rights for Inmates under the First Amendment and RLUIPA Introduction Aaron Carter, a prisoner under the Virginia Department of Corrections (VDOC),...

Compelled Speech and First Amendment Rights: Insights from Greater Baltimore Center v. Mayor & City Council of Baltimore

Date: Jan 6, 2018

Compelled Speech and First Amendment Rights: Insights from Greater Baltimore Center for Pregnancy Concerns, Inc. v. Mayor & City Council of Baltimore Introduction The case of Greater Baltimore Center...

Ineffective Assistance of Counsel in Career Offender Designation: United States v. Carthorne

Date: Dec 22, 2017

Ineffective Assistance of Counsel in Career Offender Designation: United States v. Carthorne Introduction In the landmark case United States of America v. Jolon Devon Carthorne, Sr., adjudicated by...

Fourth Circuit Establishes Expanded ADA Standing for Disabled Plaintiffs: Nanni v. Aberdeen Marketplace

Date: Dec 22, 2017

Fourth Circuit Establishes Expanded ADA Standing for Disabled Plaintiffs: Nanni v. Aberdeen Marketplace Introduction John Nanni, a resident of Delaware who relies on a wheelchair due to post-polio...

Preserving Judicial Finality: Sua Sponte Dismissal of Untimely Criminal Appeals in Oliver v. United States

Date: Dec 21, 2017

Preserving Judicial Finality: Sua Sponte Dismissal of Untimely Criminal Appeals in Oliver v. United States Introduction United States of America v. Leonard Oliver, 878 F.3d 120 (4th Cir. 2017), is a...

Establishing Clear Eighth Amendment Protections Against Malicious Transport Practices: Thompson v. Commonwealth of Virginia

Date: Dec 19, 2017

Establishing Clear Eighth Amendment Protections Against Malicious Transport Practices: Thompson v. Commonwealth of Virginia Introduction In the landmark case of Thompson v. Commonwealth of Virginia,...

Affirmation of 'Deliberate Indifference' in Eighth Amendment Claims: Anderson v. Deputy Kingsley et al.

Date: Dec 15, 2017

Affirmation of 'Deliberate Indifference' in Eighth Amendment Claims: Anderson v. Deputy Kingsley et al. Introduction The case of Albert Anderson v. Deputy M. Kingsley, Deputy Stewart, et al....

Enhancing Procedural Reasonableness in Sentencing: United States v. Blue

Date: Dec 13, 2017

Enhancing Procedural Reasonableness in Sentencing: United States v. Blue Introduction In the case of United States v. Benjamin Cornelius Blue, the United States Court of Appeals for the Fourth...

Establishing Hostile Work Environment Standards Under 42 U.S.C. § 1981: Dunlap et al. v. T.N.T. Trucking

Date: Dec 13, 2017

Establishing Hostile Work Environment Standards Under 42 U.S.C. § 1981: Dunlap et al. v. T.N.T. Trucking Introduction In the landmark case Rodney R. Dunlap; Kevin Good; Bernard Elam; Joe Neal; Mack...

Wilcox v. Brown: Reinforcing Exhaustion Requirements for Prisoners' Free Exercise Claims

Date: Dec 6, 2017

Wilcox v. Brown: Reinforcing Exhaustion Requirements for Prisoners' Free Exercise Claims Introduction Wilcox v. Brown, 877 F.3d 161 (4th Cir. 2017), is a significant appellate decision that delves...

Affirmed Denial of Qualified Immunity in Hensley v. Price: Defining Reasonable Use of Deadly Force

Date: Nov 18, 2017

Affirmed Denial of Qualified Immunity in Hensley v. Price: Defining Reasonable Use of Deadly Force Introduction In the landmark case Hensley v. Price, decided by the United States Court of Appeals...

Fourth Circuit Affirms 'Reckless Disregard' Standard for Knowledge of Minor Status in Sex Trafficking Convictions

Date: Nov 15, 2017

Fourth Circuit Affirms 'Reckless Disregard' Standard for Knowledge of Minor Status in Sex Trafficking Convictions Introduction In the case of United States of America v. Terrell Banker, 876 F.3d 530...

Reaffirming the Limits of the Collateral Order Doctrine in Supplemental Jurisdiction Cases

Date: Oct 25, 2017

Reaffirming the Limits of the Collateral Order Doctrine in Supplemental Jurisdiction Cases Introduction The case of CAMPBELL–MCCORMICK, INC. v. Clifford Oliver et al. presents significant insights...

SAS Institute v. World Programming Ltd.: Reinforcing Contractual Protections Against Reverse Engineering

Date: Oct 25, 2017

SAS Institute v. World Programming Ltd.: Reinforcing Contractual Protections Against Reverse Engineering Introduction Case Citation: SAS Institute, Inc. v. World Programming Limited, The Mathworks,...

Workman v. Perry et al.: Affirmation of Immunity Doctrines and Interpretation of 'Person' Under 42 U.S.C. §1983

Date: Oct 24, 2017

Workman v. Perry et al.: Affirmation of Immunity Doctrines and Interpretation of 'Person' Under 42 U.S.C. §1983 Introduction In the case of Olandio Ray Workman v. Robert Joseph Perry, James E....

Substance Abuse as a Material Factor in Disability Determination: Insights from Sizemore v. Berryhill

Date: Oct 18, 2017

Substance Abuse as a Material Factor in Disability Determination: Insights from Sizemore v. Berryhill Introduction Case: David Richard Sizemore v. Nancy A. Berryhill, 878 F.3d 72 Court: United States...

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