4th Circuit Case Commentaries

Fourth Circuit Mandates Strict Scrutiny for State Assault Weapons Bans under the Second Amendment

Date: Feb 5, 2016

Fourth Circuit Mandates Strict Scrutiny for State Assault Weapons Bans under the Second Amendment Introduction In the landmark case of Kolbe v. Hogan, decided on February 4, 2016, the United States...

Farhan Warfaa v. Yusuf Ali: Establishing Limits on the Alien Tort Statute in Extraterritorial Applications

Date: Feb 2, 2016

Farhan Warfaa v. Yusuf Ali: Establishing Limits on the Alien Tort Statute in Extraterritorial Applications Introduction The case of Farhan Mohamoud Tani Warfaa v. Yusuf Abdi Ali (811 F.3d 653) heard...

Affirmation of Feres 'Incident to Service' Doctrine Applies to §1983 Claims against State Officials: Aikens v. Ingram

Date: Jan 30, 2016

Affirmation of Feres 'Incident to Service' Doctrine Applies to §1983 Claims against State Officials: Aikens v. Ingram Introduction In Frederick Aikens v. William E. Ingram, Jr., the United States...

Clarifying the Reviewability of Rule 11(c)(1)(C) Plea Sentences under Section 3742 – United States v. Williams

Date: Jan 29, 2016

Clarifying the Reviewability of Rule 11(c)(1)(C) Plea Sentences under Section 3742 – United States v. Williams Introduction In the case of United States of America v. Williams, decided by the United...

Retaliation Under the Fair Housing Act and Conversion: Insights from L. Hall v. Greystar Management Services

Date: Jan 22, 2016

Retaliation Under the Fair Housing Act and Conversion: Insights from L. Hall v. Greystar Management Services Introduction L. Hall v. Greystar Management Services, L.P. is a notable case adjudicated...

Affirmation of Design Defect and Punitive Damages in In re C.R. Bard, Inc.

Date: Jan 15, 2016

Affirmation of Design Defect and Punitive Damages in In re C.R. Bard, Inc. Introduction The case of In re C.R. Bard, Incorporated, MDL No. 2187 addresses significant issues in product liability law,...

Excessive Force in Seizing Mentally Ill Individuals: A Fourth Amendment Analysis

Date: Jan 12, 2016

Excessive Force in Seizing Mentally Ill Individuals: A Fourth Amendment Analysis Introduction The case of The Estate of Ronald H. Armstrong v. The Village of Pinehurst et al. addresses the critical...

Fourth Circuit Clarifies Intent Requirements for 18 U.S.C. §875(b) and §875(c) in the Wake of Elonis Decision

Date: Jan 8, 2016

Fourth Circuit Clarifies Intent Requirements for 18 U.S.C. §875(b) and §875(c) in the Wake of Elonis Decision Introduction In the case of United States of America v. William A. White, 810 F.3d 212...

Affirmation of Strickland Prejudice Standards in §2255 Motions: United States v. Santiago

Date: Dec 23, 2015

Affirmation of Strickland Prejudice Standards in §2255 Motions: United States v. Santiago Introduction The case of United States of America v. Ishmael Avive Santiago (632 F. App'x 769) presents a...

Fourth Circuit Upholds Exemption Classification in Williams v. Genex Services

Date: Dec 19, 2015

Fourth Circuit Upholds Exemption Classification in Williams v. Genex Services Introduction In Williams v. Genex Services, LLC, the United States Court of Appeals for the Fourth Circuit addressed...

Strengthening ALJ Responsibilities: Independent Identification and Resolution of Conflicts in Social Security Disability Determinations

Date: Dec 18, 2015

Strengthening ALJ Responsibilities: Independent Identification and Resolution of Conflicts in Social Security Disability Determinations Introduction In the landmark case of Jeffrey Pearson v. Carolyn...

Enhanced Judicial Review Standards in Disability Claims: Fox v. Colvin

Date: Dec 18, 2015

Enhanced Judicial Review Standards in Disability Claims: Fox v. Colvin Introduction In the case of Garrett W. Fox v. Carolyn W. Colvin, decided by the United States Court of Appeals for the Fourth...

Williams v. United States: Reinforcing Fourth Amendment Boundaries on Traffic Stop Extensions

Date: Dec 15, 2015

Williams v. United States: Reinforcing Fourth Amendment Boundaries on Traffic Stop Extensions Introduction In the case of Williams v. United States (808 F.3d 238, 4th Cir. 2015), the United States...

Appealability of Dismissals Without Prejudice: Goode v. Central Virginia Legal Aid Society Establishes Key Jurisdictional Standards

Date: Dec 10, 2015

Appealability of Dismissals Without Prejudice: Goode v. Central Virginia Legal Aid Society Establishes Key Jurisdictional Standards Introduction Goode v. Central Virginia Legal Aid Society (807 F.3d...

LexisNexis Class Action Settlement Reinforces FCRA Applicability to Data Brokers

Date: Dec 5, 2015

LexisNexis Class Action Settlement Reinforces FCRA Applicability to Data Brokers Introduction In the landmark decision Berry v. LexisNexis Risk & Information Analytics Grp., Inc., the United States...

Affirming the Heck Bar: Limitations on §1983 Brady Claims in Griffin v. Baltimore Police Department

Date: Oct 28, 2015

Affirming the Heck Bar: Limitations on §1983 Brady Claims in Griffin v. Baltimore Police Department Introduction In Griffin v. Baltimore Police Department, the United States Court of Appeals for the...

4th Circuit Sets Precedent: State-Created Entities with Financial Independence Are Persons Under the False Claims Act

Date: Oct 22, 2015

4th Circuit Sets Precedent: State-Created Entities with Financial Independence Are Persons Under the False Claims Act Introduction In the landmark decision of United States ex rel. Jon H. OBERG v....

Establishing Appellate Jurisdiction Standards in Habeas Corpus: The Porter v. Davis Case

Date: Oct 21, 2015

Establishing Appellate Jurisdiction Standards in Habeas Corpus: The Porter v. Davis Case Introduction Porter v. Davis, 803 F.3d 694 (4th Cir. 2015), represents a significant case in the realm of...

Reaffirmation of the Sixth Amendment Right to Counsel: United States v. Ductan

Date: Sep 3, 2015

Reaffirmation of the Sixth Amendment Right to Counsel: United States v. Ductan Introduction In the landmark case of United States v. Phillip Ductan, decided on September 2, 2015, by the United States...

Fourth Circuit Establishes Sex Trafficking by Force, Fraud, or Coercion Is Not Categorically a Crime of Violence under 18 U.S.C. § 924(c)

Date: Aug 19, 2015

Fourth Circuit Establishes Sex Trafficking by Force, Fraud, or Coercion Is Not Categorically a Crime of Violence under 18 U.S.C. § 924(c) Introduction In the case of United States of America v. Kevin...

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