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  • Commentaries
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4th Circuit Case Commentaries

Foreign Insolvency as a Decisive Factor:  Tiber Creek Partners, LLC v. Ellume USA LLC and the Fourth Circuit’s Refined Test for Dismissing a Citizen-Plaintiff’s Home-Forum Suit on Forum Non Conveniens Grounds

Foreign Insolvency as a Decisive Factor: Tiber Creek Partners, LLC v. Ellume USA LLC and the Fourth Circuit’s Refined Test for Dismissing a Citizen-Plaintiff’s Home-Forum Suit on Forum Non Conveniens Grounds

Date: Jul 22, 2025
Foreign Insolvency as a Decisive Factor: Tiber Creek Partners, LLC v. Ellume USA LLC and the Fourth Circuit’s Refined Test for Dismissing a Citizen-Plaintiff’s Home-Forum Suit on Forum Non Conveniens...
Fourth Circuit Clarifies Reliance on Reliable Hearsay for the §2K2.1(b)(6)(B) Enhancement

Fourth Circuit Clarifies Reliance on Reliable Hearsay for the §2K2.1(b)(6)(B) Enhancement

Date: Jul 12, 2025
Fourth Circuit Clarifies Reliance on Reliable Hearsay for the §2K2.1(b)(6)(B) Enhancement United States v. Patrick Hilkah McManus, No. 23-4278 (4th Cir. July 10, 2025) – Unpublished but persuasive...
The Sysco Doctrine: Heightened Particularity in Trade-Secret Pleading and the “Copyright-Disclosure Bar”

The Sysco Doctrine: Heightened Particularity in Trade-Secret Pleading and the “Copyright-Disclosure Bar”

Date: Jul 12, 2025
The Sysco Doctrine: Heightened Particularity in Trade-Secret Pleading and the “Copyright-Disclosure Bar” 1. Introduction Sysco Machinery Corporation v. DCS USA Corporation, No. 24-1675 (4th Cir....
Sheppheard v. Morrisey: Fourth Circuit Narrows Article III Standing—
“General Supervisory Authority” Alone Cannot Support Suit Against State Executives
over Prison Conditions

Sheppheard v. Morrisey: Fourth Circuit Narrows Article III Standing— “General Supervisory Authority” Alone Cannot Support Suit Against State Executives over Prison Conditions

Date: Jul 12, 2025
Sheppheard v. Morrisey: Fourth Circuit Narrows Article III Standing— “General Supervisory Authority” Alone Cannot Support Suit Against State Executives over Prison Conditions 1. Introduction In...
Fourth Circuit Narrows Expert-Confidentiality Disqualification and Defines the “Country Charge” Rule: Commentary on Brainchild Surgical Devices, LLC v. CPA Global Ltd. (4th Cir. 2025)

Fourth Circuit Narrows Expert-Confidentiality Disqualification and Defines the “Country Charge” Rule: Commentary on Brainchild Surgical Devices, LLC v. CPA Global Ltd. (4th Cir. 2025)

Date: Jul 10, 2025
Fourth Circuit Narrows Expert-Confidentiality Disqualification and Defines the “Country Charge” Rule Commentary on Brainchild Surgical Devices, LLC v. CPA Global Ltd., 90 F.4th 212 (4th Cir. 2025) I....
“Walking-Away” Can Cost You: Fourth Circuit Clarifies Apparent-Authority Settlement Enforcement and the Impossibility of Voiding Accurate NPDB Reports

“Walking-Away” Can Cost You: Fourth Circuit Clarifies Apparent-Authority Settlement Enforcement and the Impossibility of Voiding Accurate NPDB Reports

Date: Jul 10, 2025
“Walking-Away” Can Cost You: Fourth Circuit Clarifies Apparent-Authority Settlement Enforcement and the Impossibility of Voiding Accurate NPDB Reports Introduction Roland Chalifoux, Jr. v. Wetzel...
United States v. Gray: Appellate Deference to District-Court Findings on Bureau-of-Prisons Medical Capability in Supervised-Release Revocations

United States v. Gray: Appellate Deference to District-Court Findings on Bureau-of-Prisons Medical Capability in Supervised-Release Revocations

Date: Jul 10, 2025
United States v. Gray: Appellate Deference to District-Court Findings on Bureau-of-Prisons Medical Capability in Supervised-Release Revocations Introduction In United States v. Christopher Kirk Gray,...
United States v. Johnson: Sentencing Disparity Recognized as a Stand-Alone “Extraordinary and Compelling” Ground for Compassionate Release

United States v. Johnson: Sentencing Disparity Recognized as a Stand-Alone “Extraordinary and Compelling” Ground for Compassionate Release

Date: Jul 10, 2025
United States v. Johnson: Sentencing Disparity Recognized as a Stand-Alone “Extraordinary and Compelling” Ground for Compassionate Release Introduction United States v. Shaheem Johnson, No. 23-6896...
Fourth Circuit Clarifies Coverage for Resultant Property Damage Versus Defective Work Under Owner-Controlled CGL Policies

Fourth Circuit Clarifies Coverage for Resultant Property Damage Versus Defective Work Under Owner-Controlled CGL Policies

Date: Jul 10, 2025
Fourth Circuit Clarifies Coverage for Resultant Property Damage Versus Defective Work Under Owner-Controlled CGL Policies Introduction Houston Casualty Company v. Trident Construction Services, LLC...
“New” Means Newly Accessible: The Fourth Circuit Clarifies Schlup’s Actual-Innocence Gateway in Justin Wolfe v. Chadwick Dotson

“New” Means Newly Accessible: The Fourth Circuit Clarifies Schlup’s Actual-Innocence Gateway in Justin Wolfe v. Chadwick Dotson

Date: Jul 10, 2025
“New” Means Newly Accessible: The Fourth Circuit Clarifies Schlup’s Actual-Innocence Gateway in Justin Wolfe v. Chadwick Dotson Introduction For more than two decades the prosecution of Justin...
Fourth Circuit Clarifies that Non-Retroactive § 924(c) “Anti-Stacking” Amendments May Constitute “Extraordinary and Compelling Reasons” for Compassionate Release

Fourth Circuit Clarifies that Non-Retroactive § 924(c) “Anti-Stacking” Amendments May Constitute “Extraordinary and Compelling Reasons” for Compassionate Release

Date: Jul 10, 2025
United States v. Richard Smith, Jr.: Non-Retroactive § 924(c) Reform as an “Extraordinary and Compelling Reason” Fourth Circuit, July 7 2025 Introduction In United States v. Richard Smith, Jr. (4th...
United States v. Simmons: Limiting the Firearm-Counting Rule in §2K2.1(b) — Non-NFA Weapons Are Irrelevant Unless Tied to the NFA Offense

United States v. Simmons: Limiting the Firearm-Counting Rule in §2K2.1(b) — Non-NFA Weapons Are Irrelevant Unless Tied to the NFA Offense

Date: Jul 10, 2025
United States v. Simmons: Limiting the Firearm-Counting Rule in §2K2.1(b) — Non-NFA Weapons Are Irrelevant Unless Tied to the NFA Offense Introduction In United States v. Stephen Simmons, No. 23-4607...
“Same-Course-of-Conduct” Expanded: Repeated Felon-in-Possession Incidents Within a Brief Interval Constitute Relevant Conduct After an Unconditional Guilty Plea – Commentary on United States v. Troy Wheatley

“Same-Course-of-Conduct” Expanded: Repeated Felon-in-Possession Incidents Within a Brief Interval Constitute Relevant Conduct After an Unconditional Guilty Plea – Commentary on United States v. Troy Wheatley

Date: Jul 10, 2025
“Same-Course-of-Conduct” Expanded: Repeated Felon-in-Possession Incidents Within a Brief Interval Constitute Relevant Conduct After an Unconditional Guilty Plea – Commentary on United States v. Troy...
United States v. Suncar – “Attempted Transfer” Is a Completed Distribution: The Fourth Circuit Confirms § 780-113(a)(30) as a Predicate “Controlled Substance Offense”

United States v. Suncar – “Attempted Transfer” Is a Completed Distribution: The Fourth Circuit Confirms § 780-113(a)(30) as a Predicate “Controlled Substance Offense”

Date: Jul 4, 2025
United States v. Suncar – “Attempted Transfer” Is a Completed Distribution: The Fourth Circuit Confirms Pennsylvania § 780-113(a)(30) as a Predicate “Controlled Substance Offense” 1. Introduction...
“Exclusive-Causation” under the Vaccine Act: A Commentary on Amanda Watts v. Maryland CVS Pharmacy, LLC

“Exclusive-Causation” under the Vaccine Act: A Commentary on Amanda Watts v. Maryland CVS Pharmacy, LLC

Date: Jul 3, 2025
“Exclusive-Causation” under the Vaccine Act: A Commentary on Amanda Watts v. Maryland CVS Pharmacy, LLC 1. Introduction In Amanda Watts v. Maryland CVS Pharmacy, LLC, the United States Court of...
Fourth Circuit Affirms “Good-Faith Belief” Shield Against § 523(a)(4) Embezzlement Nondischargeability

Fourth Circuit Affirms “Good-Faith Belief” Shield Against § 523(a)(4) Embezzlement Nondischargeability

Date: Jul 3, 2025
Fourth Circuit Affirms “Good-Faith Belief” Shield Against § 523(a)(4) Embezzlement Nondischargeability Introduction In Deborah Parker v. Dan Martin, No. 23-2084 (4th Cir. 2025), the United States...
Brown v. Stapleton: Due-Process Protection for Prison Trust-Account Funds and the Limits of Sandin

Brown v. Stapleton: Due-Process Protection for Prison Trust-Account Funds and the Limits of Sandin

Date: Jul 3, 2025
Brown v. Stapleton: Due-Process Protection for Prison Trust-Account Funds and the Limits of Sandin 1. Introduction In Demmerick Eric Brown v. Karen Stapleton, the United States Court of Appeals for...
Younger-Based Dismissals Are NOT § 1915(g) “Strikes” & Strikes Are Counted Only as of the Filing Date: Burrell v. Shirley (4th Cir. 2025)

Younger-Based Dismissals Are NOT § 1915(g) “Strikes” & Strikes Are Counted Only as of the Filing Date: Burrell v. Shirley (4th Cir. 2025)

Date: Jul 3, 2025
Younger-Based Dismissals Are NOT § 1915(g) “Strikes” & Strikes Are Counted Only as of the Filing Date: Burrell v. Shirley, 4th Cir. 2025 1. Introduction In Burrell v. Shirley, No. 23-6791 (4th Cir....
“But-For” Means “One Of,” Not “The Only”: The Fourth Circuit’s Clarification of Causation in Title VII Retaliation – Commentary on LaShaun Curry v. South Carolina State Election Commission (4th Cir. 2025)

“But-For” Means “One Of,” Not “The Only”: The Fourth Circuit’s Clarification of Causation in Title VII Retaliation – Commentary on LaShaun Curry v. South Carolina State Election Commission (4th Cir. 2025)

Date: Jul 3, 2025
“But-For” Means “One Of,” Not “The Only”: The Fourth Circuit’s Clarification of Causation in Title VII Retaliation Commentary on LaShaun Curry v. South Carolina State Election Commission (4th Cir....
When the LLC Speaks: Fourth Circuit Holds That a Single-Member LLC—Not Its Owner—Is the Contracting Party for Arbitration Purposes

When the LLC Speaks: Fourth Circuit Holds That a Single-Member LLC—Not Its Owner—Is the Contracting Party for Arbitration Purposes

Date: Jul 3, 2025
When the LLC Speaks: Fourth Circuit Holds That a Single-Member LLC—Not Its Owner—Is the Contracting Party for Arbitration Purposes Introduction In Randy Luna v. Tug Hill Operating, LLC, No. 24-1281...
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