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  • Commentaries
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4th Circuit Case Commentaries

Sovereign Immunity and Defamation in Academic Evaluations: Kerr v. Marshall University

Sovereign Immunity and Defamation in Academic Evaluations: Kerr v. Marshall University

Date: May 25, 2016
Sovereign Immunity and Defamation in Academic Evaluations: Kerr v. Marshall University Introduction Kerr v. Marshall University Board of Governors is a significant case adjudicated by the United...
Affirmation of Qualified Immunity and Probable Cause Standards in Mental Health Seizures: Goines v. Valley Community Services Board

Affirmation of Qualified Immunity and Probable Cause Standards in Mental Health Seizures: Goines v. Valley Community Services Board

Date: May 10, 2016
Affirmation of Qualified Immunity and Probable Cause Standards in Mental Health Seizures: Goines v. Valley Community Services Board Introduction In the case of Gordon Goines v. Valley Community...
Fourth Circuit Limits the 'Exhibit Prevails' Doctrine in §1983 Motions to Dismiss and Revisits Qualified Immunity Standards

Fourth Circuit Limits the 'Exhibit Prevails' Doctrine in §1983 Motions to Dismiss and Revisits Qualified Immunity Standards

Date: May 10, 2016
Fourth Circuit Limits the 'Exhibit Prevails' Doctrine in §1983 Motions to Dismiss and Revisits Qualified Immunity Standards Introduction In the case of Gordon Goines v. Valley Community Services...
Clarifying the Scope of SORNA: Interstate Domestic Violence and Sex Offender Registration

Clarifying the Scope of SORNA: Interstate Domestic Violence and Sex Offender Registration

Date: May 6, 2016
Clarifying the Scope of SORNA: Interstate Domestic Violence and Sex Offender Registration Introduction In the case of UNITED STATES of America v. Thomas Earl Faulls, Sr., the United States Court of...
Nicolas v. Attorney General of Maryland: Deference in Brady Materiality Under AEDPA

Nicolas v. Attorney General of Maryland: Deference in Brady Materiality Under AEDPA

Date: Apr 28, 2016
Nicolas v. Attorney General of Maryland: Deference in Brady Materiality Under AEDPA Introduction Richard A. Nicolas was convicted in 1997 for the murder of his two-year-old daughter, Aja Nicolas, in...
Affirmation of Reasonable Suspicion in Traffic Stops: United States v. Palmer

Affirmation of Reasonable Suspicion in Traffic Stops: United States v. Palmer

Date: Apr 22, 2016
Affirmation of Reasonable Suspicion in Traffic Stops: United States v. Palmer Introduction The case of United States of America v. Michael Jerome Palmer, adjudicated by the United States Court of...
Deliberate Indifference Standard Confirmed for §504 Claims in School-Related Student Harassment Cases

Deliberate Indifference Standard Confirmed for §504 Claims in School-Related Student Harassment Cases

Date: Apr 9, 2016
Deliberate Indifference Standard Confirmed for §504 Claims in School-Related Student Harassment Cases Introduction The case of S.B. v. Board of Education of Harford County emerged from severe...
Enforceability of Arbitration Agreements in Consumer Loan Contracts: Insights from Galloway v. Santander Consumer USA, Inc.

Enforceability of Arbitration Agreements in Consumer Loan Contracts: Insights from Galloway v. Santander Consumer USA, Inc.

Date: Apr 9, 2016
Enforceability of Arbitration Agreements in Consumer Loan Contracts: Insights from Galloway v. Santander Consumer USA, Inc. Introduction The case of Jacqueline Galloway v. Santander Consumer USA,...
Ensuring Rigorous Conflict Resolution Between Vocational Expert Testimony and DOT in SSA Disability Appeals

Ensuring Rigorous Conflict Resolution Between Vocational Expert Testimony and DOT in SSA Disability Appeals

Date: Apr 6, 2016
Ensuring Rigorous Conflict Resolution Between Vocational Expert Testimony and DOT in SSA Disability Appeals Introduction In Jonathan Eugene Henderson v. Carolyn W. Colvin, the United States Court of...
Clarifying Qualified Immunity in Excessive Force Cases: Fourth Circuit Upholds Denial in Yates v. Terry

Clarifying Qualified Immunity in Excessive Force Cases: Fourth Circuit Upholds Denial in Yates v. Terry

Date: Apr 1, 2016
Clarifying Qualified Immunity in Excessive Force Cases: Fourth Circuit Upholds Denial in Yates v. Terry Introduction The case of Brian Knite Yates v. Christopher Blair Terry presents a significant...
Affirming Armed Bank Robbery as a "Crime of Violence" under 18 U.S.C. § 924(c) in United States v. McNeal

Affirming Armed Bank Robbery as a "Crime of Violence" under 18 U.S.C. § 924(c) in United States v. McNeal

Date: Mar 29, 2016
Affirming Armed Bank Robbery as a "Crime of Violence" under 18 U.S.C. § 924(c) in United States v. McNeal Introduction In the case of United States of America v. James Larry McNeal and Alphonso...
Fourth Circuit Upholds 'Crime of Violence' Classification for Armed Bank Robbery under 18 U.S.C. § 924(c)(3)

Fourth Circuit Upholds 'Crime of Violence' Classification for Armed Bank Robbery under 18 U.S.C. § 924(c)(3)

Date: Mar 29, 2016
Fourth Circuit Upholds 'Crime of Violence' Classification for Armed Bank Robbery under 18 U.S.C. § 924(c)(3) Introduction The case of United States of America v. James Larry McNeal and Alphonso...
Establishing Plaintiff Standing in Lanham Act §43(a) Claims: 4th Circuit’s Decision in Belmora LLC v. Bayer Consumer Care AG

Establishing Plaintiff Standing in Lanham Act §43(a) Claims: 4th Circuit’s Decision in Belmora LLC v. Bayer Consumer Care AG

Date: Mar 24, 2016
Establishing Plaintiff Standing in Lanham Act §43(a) Claims: 4th Circuit’s Decision in Belmora LLC v. Bayer Consumer Care AG Introduction The case of Belmora LLC v. Bayer Consumer Care AG revolves...
Deliberate Indifference to Inmate Safety: Significance of Raynor v. Pugh, 817 F.3d 123

Deliberate Indifference to Inmate Safety: Significance of Raynor v. Pugh, 817 F.3d 123

Date: Mar 18, 2016
Deliberate Indifference to Inmate Safety: Significance of Raynor v. Pugh, 817 F.3d 123 Introduction In James Herman Raynor v. G. Pugh et al., the United States Court of Appeals for the Fourth Circuit...
Affirmation of Personal Jurisdiction Standards and Limitation on Aiding and Abetting Fraud Claims in Grayson v. Anderson et al.

Affirmation of Personal Jurisdiction Standards and Limitation on Aiding and Abetting Fraud Claims in Grayson v. Anderson et al.

Date: Mar 8, 2016
Affirmation of Personal Jurisdiction Standards and Limitation on Aiding and Abetting Fraud Claims in Grayson v. Anderson et al. Introduction In the case of Alan M. Grayson; AMG Trust,...
Affirmation of 'But-For' Causation Standard in ADA Disability Discrimination Claims: Gentry v. East West Partners

Affirmation of 'But-For' Causation Standard in ADA Disability Discrimination Claims: Gentry v. East West Partners

Date: Mar 5, 2016
Affirmation of 'But-For' Causation Standard in ADA Disability Discrimination Claims: Gentry v. East West Partners Introduction In the case of Judith Gentry v. East West Partners Club Management...
Fourth Circuit Clarifies Non-Applicability of NC Statute 1-52(16) to Disease Claims

Fourth Circuit Clarifies Non-Applicability of NC Statute 1-52(16) to Disease Claims

Date: Mar 3, 2016
Fourth Circuit Clarifies Non-Applicability of NC Statute 1-52(16) to Disease Claims Introduction In the case of Kent Stahle v. CTS Corporation, the United States Court of Appeals for the Fourth...
Personal Jurisdiction Requires Significant Contacts: PERDUE v. BRF S.A. Analysis

Personal Jurisdiction Requires Significant Contacts: PERDUE v. BRF S.A. Analysis

Date: Feb 20, 2016
Personal Jurisdiction Requires Significant Contacts: PERDUE v. BRF S.A. Analysis Introduction In the case of PERDUE FOODS LLC, Plaintiff–Appellant, v. BRF S.A., Defendant–Appellee, decided on...
Actual Innocence Exception to Plea Agreement Waivers in Felony Conviction Cases: United States v. Adams

Actual Innocence Exception to Plea Agreement Waivers in Felony Conviction Cases: United States v. Adams

Date: Feb 20, 2016
Actual Innocence Exception to Plea Agreement Waivers in Felony Conviction Cases: United States v. Adams Introduction In United States v. Adams, 814 F.3d 178 (4th Cir. 2016), the United States Court...
Ensuring Accessible Absentee Voting: ADA Compliance Upholds Online Ballot Marking for Disabled Voters

Ensuring Accessible Absentee Voting: ADA Compliance Upholds Online Ballot Marking for Disabled Voters

Date: Feb 10, 2016
Ensuring Accessible Absentee Voting: ADA Compliance Upholds Online Ballot Marking for Disabled Voters Introduction The case of National Federation of the Blind et al. v. Linda H. Lamone et al....
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