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  • Commentaries
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4th Circuit Case Commentaries

Finality of Dismissals in Light of Amended Complaints: Fawzy v. Wauquiez Boats SNC

Finality of Dismissals in Light of Amended Complaints: Fawzy v. Wauquiez Boats SNC

Date: Oct 13, 2017
Finality of Dismissals in Light of Amended Complaints: Fawzy v. Wauquiez Boats SNC Introduction In the case of Dr. Amr Fawzy v. Wauquiez Boats SNC, adjudicated by the United States Court of Appeals...
Enforcing the Treating Physician Rule: Fourth Circuit Vacates SSA Disability Denial in Brown v. Commissioner

Enforcing the Treating Physician Rule: Fourth Circuit Vacates SSA Disability Denial in Brown v. Commissioner

Date: Sep 30, 2017
Enforcing the Treating Physician Rule: Fourth Circuit Vacates SSA Disability Denial in Brown v. Commissioner Introduction In Ricky E. Brown v. Commissioner Social Security Administration, 873 F.3d...
4th Circuit Affirms Dismissal of Discrimination Claims under Rule 12(b)(6) in Glenn v. Wells Fargo Bank

4th Circuit Affirms Dismissal of Discrimination Claims under Rule 12(b)(6) in Glenn v. Wells Fargo Bank

Date: Sep 30, 2017
4th Circuit Affirms Dismissal of Discrimination Claims under Rule 12(b)(6) in Glenn v. Wells Fargo Bank Introduction In the case of Maurice Glenn v. Wells Fargo Bank, N.A., the United States Court of...
Reaffirming the Standards for Preliminary Injunctions in ERISA and LMRA Claims: Insights from Di Biase v. SPX Corporation

Reaffirming the Standards for Preliminary Injunctions in ERISA and LMRA Claims: Insights from Di Biase v. SPX Corporation

Date: Sep 29, 2017
Reaffirming the Standards for Preliminary Injunctions in ERISA and LMRA Claims: Insights from Di Biase v. SPX Corporation Introduction The case of Joseph Di Biase, et al. v. SPX Corporation (872 F.3d...
Defendants Cannot Use Forfeited Substitute Assets to Hire Appellate Counsel: United States v. Andracos Marshall

Defendants Cannot Use Forfeited Substitute Assets to Hire Appellate Counsel: United States v. Andracos Marshall

Date: Sep 26, 2017
Defendants Cannot Use Forfeited Substitute Assets to Hire Appellate Counsel: United States v. Andracos Marshall Introduction In the case of United States of America v. Andracos Marshall, 872 F.3d 213...
Enhancing Procedural Fairness in Supervised Release Revocations: United States v. Slappy

Enhancing Procedural Fairness in Supervised Release Revocations: United States v. Slappy

Date: Sep 23, 2017
Enhancing Procedural Fairness in Supervised Release Revocations: United States v. Slappy Introduction In United States v. Lacresha Janelle Slappy (872 F.3d 202, 4th Cir. 2017), the United States...
Affirmed: The Impact of Johnson on 'Crime of Violence' Classification for Career Offender Status Under U.S. Sentencing Guidelines

Affirmed: The Impact of Johnson on 'Crime of Violence' Classification for Career Offender Status Under U.S. Sentencing Guidelines

Date: Aug 22, 2017
Affirmed: The Impact of Johnson on 'Crime of Violence' Classification for Career Offender Status Under U.S. Sentencing Guidelines Introduction In United States of America v. Thilo Brown, 868 F.3d 297...
Reinforcing Pleading Standards: Affirmation of Dismissal in Swaso v. Onslow County Board of Education

Reinforcing Pleading Standards: Affirmation of Dismissal in Swaso v. Onslow County Board of Education

Date: Aug 11, 2017
Reinforcing Pleading Standards: Affirmation of Dismissal in Swaso v. Onslow County Board of Education Introduction In the case of Carmen Swaso v. Onslow County Board of Education, adjudicated by the...
Clarifying Probable Cause and Qualified Immunity in Malicious Prosecution: Analysis of Marlow Humbert v. Baltimore City Officials

Clarifying Probable Cause and Qualified Immunity in Malicious Prosecution: Analysis of Marlow Humbert v. Baltimore City Officials

Date: Aug 8, 2017
Clarifying Probable Cause and Qualified Immunity in Malicious Prosecution: Analysis of Marlow Humbert v. Baltimore City Officials Introduction In the landmark case of Marlow Humbert v. Mayor and City...
Refining Evidentiary Standards under CAFA: Insights from Scott v. Cricket Communications

Refining Evidentiary Standards under CAFA: Insights from Scott v. Cricket Communications

Date: Jul 29, 2017
Refining Evidentiary Standards under CAFA: Insights from Scott v. Cricket Communications Introduction The case of Michael A. Scott v. Cricket Communications, LLC addresses critical aspects of the...
Clarifying the Sentencing Package Doctrine: The 4th Circuit's Decision in United States v. Ventura

Clarifying the Sentencing Package Doctrine: The 4th Circuit's Decision in United States v. Ventura

Date: Jul 19, 2017
Clarifying the Sentencing Package Doctrine: The 4th Circuit's Decision in United States v. Ventura Introduction The case of United States of America v. German de Jesus Ventura, adjudicated by the...
Establishment Clause Violation in Exclusive Legislative Prayer Practices: Lund v. Rowan County

Establishment Clause Violation in Exclusive Legislative Prayer Practices: Lund v. Rowan County

Date: Jul 15, 2017
Establishment Clause Violation in Exclusive Legislative Prayer Practices: Lund v. Rowan County Introduction The case of Lund, Montag-Siegel, and Voelker v. Rowan County, North Carolina addresses the...
Reversal of Summary Judgment in Lee v. Town of Seaboard: Reevaluating Justifications for Deadly Force by Law Enforcement

Reversal of Summary Judgment in Lee v. Town of Seaboard: Reevaluating Justifications for Deadly Force by Law Enforcement

Date: Jul 15, 2017
Reversal of Summary Judgment in Lee v. Town of Seaboard: Reevaluating Justifications for Deadly Force by Law Enforcement Introduction The case of Brian C. Lee, Sr. v. Town of Seaboard adjudicated by...
Comprehensive Commentary on Samples v. Ballard: Clarifying the Application of George in Habeas Corpus Petitions

Comprehensive Commentary on Samples v. Ballard: Clarifying the Application of George in Habeas Corpus Petitions

Date: Jun 24, 2017
Clarifying the Application of George in Habeas Corpus Petitions: An In-Depth Analysis of Samples v. Ballard Introduction Samples v. Ballard is a pivotal case adjudicated by the United States Court of...
Enhancing Federal Contractor Immunity: Insights from Janya Sawyer v. Foster Wheeler LLC

Enhancing Federal Contractor Immunity: Insights from Janya Sawyer v. Foster Wheeler LLC

Date: Jun 23, 2017
Enhancing Federal Contractor Immunity: Insights from Janya Sawyer v. Foster Wheeler LLC Introduction The case of Janya Sawyer, Representative of the Estate of Joseph W. Morris; Garnette Morris,...
Venue Determination in Unauthorized Disclosure Cases: United States v. Sterling

Venue Determination in Unauthorized Disclosure Cases: United States v. Sterling

Date: Jun 23, 2017
Venue Determination in Unauthorized Disclosure Cases: United States v. Sterling Introduction United States of America v. Jeffrey Alexander Sterling (860 F.3d 233) is a pivotal case adjudicated by the...
Enforcement of Class Action Settlements Under the Relitigation Exception: Insights from In re MI Windows & Doors, Inc.

Enforcement of Class Action Settlements Under the Relitigation Exception: Insights from In re MI Windows & Doors, Inc.

Date: Jun 21, 2017
Enforcement of Class Action Settlements Under the Relitigation Exception: Insights from In re MI Windows & Doors, Inc. Introduction The case of In re: MI Windows & Doors, Inc., Products Liability...
Affirmation of Bankruptcy Court’s Order in Wells Fargo v. AMH Roman Two NC: Timeliness and Prejudice in Rule 60(b) Motions

Affirmation of Bankruptcy Court’s Order in Wells Fargo v. AMH Roman Two NC: Timeliness and Prejudice in Rule 60(b) Motions

Date: Jun 13, 2017
Affirmation of Bankruptcy Court’s Order in Wells Fargo v. AMH Roman Two NC: Timeliness and Prejudice in Rule 60(b) Motions Introduction The case of Wells Fargo Bank, N.A., Creditor - Appellant, v....
EEOC v. Consol Energy: Affirming the Duty to Reasonably Accommodate Sincere Religious Beliefs under Title VII

EEOC v. Consol Energy: Affirming the Duty to Reasonably Accommodate Sincere Religious Beliefs under Title VII

Date: Jun 13, 2017
EEOC v. Consol Energy: Affirming the Duty to Reasonably Accommodate Sincere Religious Beliefs under Title VII Introduction In the case of U.S. Equal Employment Opportunity Commission (EEOC) v. Consol...
Affirmation of Non-Punitive Confinement Standards for Civil Detainees under the Adam Walsh Act

Affirmation of Non-Punitive Confinement Standards for Civil Detainees under the Adam Walsh Act

Date: Jun 9, 2017
Affirmation of Non-Punitive Confinement Standards for Civil Detainees under the Adam Walsh Act Introduction The case of Thomas Shane Matherly v. J.F. Andrews et al. (859 F.3d 264) presents...
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