4th Circuit Case Commentaries

Protected Liberty Interests and Procedural Due Process in Trespass Bar Cases: An Analysis of Henderson v. City of Roanoke

Date: Mar 10, 2022

Protected Liberty Interests and Procedural Due Process in Trespass Bar Cases: An Analysis of Henderson v. City of Roanoke Introduction Henderson v. City of Roanoke is a significant case adjudicated...

Hope v. United States: Redefining ACCA Predicate Offenses Post-2018 Farm Bill

Date: Mar 10, 2022

Hope v. United States: Redefining ACCA Predicate Offenses Post-2018 Farm Bill Introduction In Hope v. United States, 28 F.4th 487 (2022), the United States Court of Appeals for the Fourth Circuit...

Affirmation of Pinkerton Liability under 18 U.S.C. § 924(c) in United States v. Gillespie

Date: Mar 9, 2022

Affirmation of Pinkerton Liability under 18 U.S.C. § 924(c) in United States v. Gillespie Introduction In the landmark case United States of America v. Darrell E. Gillespie, 27 F.4th 934 (4th Cir....

Strict Interpretation of "Physical Loss" in Insurance Policies Affirmed by Fourth Circuit

Date: Mar 8, 2022

Strict Interpretation of "Physical Loss" in Insurance Policies Affirmed by Fourth Circuit Introduction The case of Uncork and Create LLC v. The Cincinnati Insurance Company examined the scope of...

Fourth Circuit Confirms § 924(c) Firearm Convictions Stand with Valid Predicate Crimes Despite Instruction Errors Post-Davis

Date: Feb 24, 2022

Fourth Circuit Confirms § 924(c) Firearm Convictions Stand with Valid Predicate Crimes Despite Instruction Errors Post-Davis Introduction In the case of United States of America v. Mohamed Ali Said...

Clarifying Vagueness and Terrorism Enhancements: United States v. Hasson

Date: Feb 23, 2022

Clarifying Vagueness and Terrorism Enhancements: United States v. Hasson Introduction In United States v. Christopher Paul Hasson, the United States Court of Appeals for the Fourth Circuit addressed...

Standing Requirements in BDS Procurement Challenges: Fourth Circuit Affirms Dismissal in SAQIB Ali v. Hogan

Date: Feb 19, 2022

Standing Requirements in BDS Procurement Challenges: Fourth Circuit Affirms Dismissal in SAQIB Ali v. Hogan Introduction The case of SAQIB ALI, Plaintiff - Appellant, v. LAWRENCE JOSEPH HOGAN, JR.;...

Fourth Circuit Upholds Class Action Settlement Approval in Nationstar Mortgage LLC Case

Date: Feb 11, 2022

Fourth Circuit Upholds Class Action Settlement Approval in Nationstar Mortgage LLC Case Introduction The case of PIA McAdams v. Demetrius Robinson; Tamara Robinson addresses significant issues...

Fourth Circuit Establishes Standards for Qualified Immunity in Excessive Force Claims: Stanton v. Elliott

Date: Feb 2, 2022

Fourth Circuit Establishes Standards for Qualified Immunity in Excessive Force Claims: Stanton v. Elliott Introduction The case of Jeffery L. Stanton, as Administrator of the Estate of Spencer Lee...

Differential Classification in Virginia's Sex Offender Registry Upheld under Equal Protection and Eighth Amendment

Date: Jan 29, 2022

Differential Classification in Virginia's Sex Offender Registry Upheld under Equal Protection and Eighth Amendment Introduction In the case of John Doe v. Colonel Gary T. Settle, the United States...

Effective Assistance of Counsel in Sentencing: United States v. Freeman

Date: Jan 26, 2022

Effective Assistance of Counsel in Sentencing: United States v. Freeman Introduction United States of America v. Precias K. Freeman (24 F.4th 320), adjudicated by the United States Court of Appeals...

Standing in Disability Rights Litigation: Fourth Circuit Vacates Preliminary Injunction in McMaster Case

Date: Jan 26, 2022

Standing in Disability Rights Litigation: Fourth Circuit Vacates Preliminary Injunction in McMaster Case Introduction The case of Disability Rights South Carolina; Able South Carolina; et al. v....

Fourth Circuit Sets Enhanced Standards for §1981 Race Discrimination Claims in Physician Privilege Cases

Date: Jan 22, 2022

Fourth Circuit Sets Enhanced Standards for §1981 Race Discrimination Claims in Physician Privilege Cases Introduction In the landmark case of Haritha Nadendla, M.D. v. WakeMed Cary Hospital, the...

Deliberate Indifference and Due Process in Prison Discipline: The Moskos v. Hardee Decision

Date: Jan 21, 2022

Deliberate Indifference and Due Process in Prison Discipline: The Moskos v. Hardee Decision Introduction In the landmark case of James Gary Moskos v. James Hardee et al. (24 F.4th 289, 2022), the...

Fourth Circuit Establishes Precedent on Compassionate Release Criteria Amid COVID-19

Date: Jan 20, 2022

Fourth Circuit Establishes Precedent on Compassionate Release Criteria Amid COVID-19 Introduction In the landmark case of United States of America v. Nathan Petway, the United States Court of Appeals...

Affirmation of Summary Judgment in ADA Claims: Jessup v. Barnes Group, Inc.

Date: Jan 20, 2022

Affirmation of Summary Judgment in ADA Claims: Jessup v. Barnes Group, Inc. Introduction In the case of Jeffrey A. Jessup v. Barnes Group, Incorporated, adjudicated by the United States Court of...

Affirmation of Deference to Sentencing Guidelines Commentary Post-Kisor

Date: Jan 20, 2022

Affirmation of Deference to Sentencing Guidelines Commentary Post-Kisor Introduction United States of America v. Lenair Moses is a pivotal case decided by the United States Court of Appeals for the...

Fourth Circuit Expands 'Collector' Definition and Interprets 'Any Amount' in MCDCA: Implications for Debt Collection Practices

Date: Jan 20, 2022

Fourth Circuit Expands 'Collector' Definition and Interprets 'Any Amount' in MCDCA: Implications for Debt Collection Practices Introduction The case Ashly Alexander; Cedric Bishop v. Carrington...

Fourth Circuit Emphasizes Individualized Review in Compassionate Release Cases

Date: Jan 14, 2022

Fourth Circuit Emphasizes Individualized Review in Compassionate Release Cases Introduction The case of United States of America v. Francis Curtis Davis addresses the critical standards for...

Controlled Substance Offenses and Career Offender Enhancements: Fourth Circuit Sets New Precedent

Date: Jan 8, 2022

Controlled Substance Offenses and Career Offender Enhancements: Fourth Circuit Sets New Precedent Introduction In the case of United States of America v. Trey Cardale Campbell, the United States...