Individualized “Terminal Illness” Determinations in Compassionate Release: End-Stage Renal Disease Is Not Per Se Extraordinary and Compelling I. Introduction In United States v. Brad Acy Holley (4th...
Solvent Wholly-Owned Subsidiary Officers Owe Fiduciary Duties to the Parent—Not Creditors; “Caremark” Does Not Police Pure Business-Risk Misjudgments Case: Carol Black v. Dennis Brice (In re:...
Time-of-Filing Diversity for LLCs After Member Buyout and “Opinion” Protection for Litigation-Context Statements to Third Parties 1. Introduction Knockout Holdings, LLC v. Kakar (4th Cir. June 29,...
Prop-Gun “Active Shooter” Encounters: Objective Reasonableness and Limited ADA Accommodation Duties Under Exigency Felicia Morgan v. City of Charlotte (4th Cir. June 29, 2026) (Wilkinson, J.) I....
Diversity Jurisdiction Under § 1332(a)(3) Fails When the Sole Plaintiff LLC Has Any Foreign Member 1. Introduction In FS Medical Supplies, LLC v. Tanner Pharma UK Limited (4th Cir. June 25, 2026),...
Supervisors May Be Personally Liable—and Denied Qualified Immunity—for Tacitly Authorizing a Race-Based Hostile Work Environment at the Pleading Stage Case: Don Gordon v. William Heath (4th Cir. June...
Suicidal Ideation Alone Does Not Compel a Competency Evaluation; Unprompted iPhone Passcode Entry During Warrant Execution May Be Voluntary and Non-Interrogative Case: United States v. Christopher...
Section 1332(a)(3) Requires U.S. Citizens on Both Sides When an LLC Has a Foreign Member (and Courts Lack Power to Grant NC Rule 41(b) Savings Relief Absent Jurisdiction) I. Introduction In FS...
Bell-Only Review for Prison Strip Searches: Turner Inapplicable and Qualified Immunity Applies Absent Clearly Established Law I. Introduction Marcus Ingram v. Israel Hamilton (4th Cir. June 24, 2026)...
APA Limitations Accrual for Pre-Enforcement Facial Challenges: Injury Occurs at Rule Promulgation, Not Later Enforcement Signals I. Introduction In Henry McMaster v. United States Department of Labor...
Plausibility Is Defeated When the Complaint Supplies a Non-Discriminatory Termination Rationale; § 1981 Requires But-For Causation at the Pleading Stage 1. Introduction In Munther Qader v. Federal...
Unverified Pleadings, Non-Comparable Comparators, and Perfunctory Appellate Briefing Cannot Defeat Summary Judgment in Title VII/MFEPA/§§1981–83 Employment Cases Case: Mitchell Waters v. The Mayor...
Loper Bright Does Not Excuse Failure to Exhaust a BLBA Regulatory Challenge Before the ALJ and Benefits Review Board 1. Introduction In Extra Energy, Incorporated v. DOWCP (4th Cir. June 23, 2026)...
No Duty to Protect an Independent Contractor from an Undisclosed, Self-Devised “Visual Inspection” Method; Proximate Cause Requires Evidence the Defendant’s Acts Would Have Prevented the Injury 1....
Addressing the “Central Thesis” of Mitigation Suffices for Procedural Reasonableness of an Upward-Variance Sentence Introduction In United States v. Kovacs Kieron Troutman (4th Cir. June 23, 2026)...
Peacock Applied to WARN Act and ERISA: No Federal Jurisdiction for Post‑Judgment Veil‑Piercing Against a Non‑Liable Third Party I. Introduction Tony Messer v. Garrison Investment Group, LP is a...
“Derivations” in Patent Royalty Definitions Require Origin-Lineage, Not Mere Shared Source Code (Virginia Contract Law) Case: Vir2us, Inc. v. Sophos Inc. (4th Cir. June 23, 2026) (unpublished) | Law:...
Rumor-Based Cartel Fear and Long-Past Family Harm Do Not Establish Withholding/CAT, and Economic/IEP Concerns Do Not Meet “Exceptional and Extremely Unusual Hardship” I. Introduction In Manjel Arturo...
No Plain Tapia Error Where Treatment Rationale Is Intertwined with Public Safety and No Objection Preserves the Issue; “Jurisdiction” Mislabeling Cannot Cure Forfeiture Case: United States v....
Revocation Sentencing After Esteras: A Passing Reference to “Respect for the Law” Does Not Require Vacatur Absent Plain, Prejudicial Error 1. Introduction In United States v. Cody Stevenson (4th Cir....