4th Circuit Case Commentaries

Balancing Juvenile Mitigating Factors and Serious Offenses in Sentencing: United States v. Friend

Date: Jun 29, 2021

Balancing Juvenile Mitigating Factors and Serious Offenses in Sentencing: United States v. Friend Introduction In the landmark case United States of America v. Philip Bernard Friend, 2 F.4th 369...

First Amendment Right to Prompt Access to Civil Complaints: Courthouse News Service v. Schaefer

Date: Jun 25, 2021

First Amendment Right to Prompt Access to Civil Complaints: Courthouse News Service v. Schaefer Introduction In the landmark case Courthouse News Service v. Schaefer, the United States Court of...

Enhanced Fourth Amendment Protections: The AIR Program Case

Date: Jun 25, 2021

Enhanced Fourth Amendment Protections: The AIR Program Case 1. Introduction The case of Leaders of a Beautiful Struggle; Erricka Bridgeford; Kevin James, Plaintiffs - Appellants, v. Baltimore Police...

Enhancing the Weight of Treating Physician's Opinion in Disability Claims: Analysis of Triplett v. Saul

Date: Jun 24, 2021

Enhancing the Weight of Treating Physician's Opinion in Disability Claims: Analysis of Triplett v. Saul Introduction The case of Kimberly Triplett v. Andrew Saul, Commissioner of Social Security...

Actual Malice Standard Reinforced in Defamation Claims by Public Officials

Date: Jun 24, 2021

Actual Malice Standard Reinforced in Defamation Claims by Public Officials Introduction In the case of Justin E. Fairfax v. CBS Corporation; CBS Broadcasting Inc., the United States Court of Appeals...

Fourth Circuit Upholds § 924(c) Firearm Conviction Despite Invalid Hobbs Act Robbery Predicate

Date: Jun 24, 2021

Fourth Circuit Upholds § 924(c) Firearm Conviction Despite Invalid Hobbs Act Robbery Predicate Introduction In United States of America v. Marcus Crawley, the United States Court of Appeals for the...

Fourth Circuit Establishes Fiduciary Breach Standards in ERISA Class Actions

Date: Jun 23, 2021

Fourth Circuit Establishes Fiduciary Breach Standards in ERISA Class Actions Introduction The case of Sandra M. Peters v. Aetna Inc. et al. before the United States Court of Appeals for the Fourth...

Affirmation of Conspiracy and Firearm Possession Convictions: An Analysis of United States v. Moody and Carter

Date: Jun 23, 2021

Affirmation of Conspiracy and Firearm Possession Convictions: An Analysis of United States v. Moody and Carter Introduction The case of United States of America v. Marcus Troy Moody and Latoya...

Reaffirmation of Deliberate Indifference Standards for Medical Treatment in Incarceration under the Eighth Amendment

Date: Jun 18, 2021

Reaffirmation of Deliberate Indifference Standards for Medical Treatment in Incarceration under the Eighth Amendment Introduction The case of Carey Hixson v. Michael Moran addresses critical issues...

Actual Notice in Title IX Student Harassment Cases: New Precedent in Doe v. Fairfax County School Board

Date: Jun 17, 2021

Actual Notice in Title IX Student Harassment Cases: New Precedent in Doe v. Fairfax County School Board Introduction In the landmark case Jane Doe v. Fairfax County School Board, the United States...

Affirmation of VDOC's Visitation Denial Policy in Desper v. Clarke: A New Precedent on Incarcerated Parents' Rights

Date: Jun 16, 2021

Affirmation of VDOC's Visitation Denial Policy in Desper v. Clarke: A New Precedent on Incarcerated Parents' Rights Introduction The case of James Paul Desper v. Harold Clarke et al. addresses the...

Self-Representation and Impersonation: Key Takeaways from Ziegler v. United States

Date: Jun 15, 2021

Self-Representation and Impersonation: Key Takeaways from Ziegler v. United States Introduction The case of United States of America v. Joseph R. Ziegler (1 F.4th 219) serves as a pivotal precedent...

Clarifying the Scope of ADA Title II and Reasonable Accommodations under the Rehabilitation Act: Boone v. Board of Governors of UNC

Date: Jun 12, 2021

Clarifying the Scope of ADA Title II and Reasonable Accommodations under the Rehabilitation Act: Boone v. Board of Governors of the University of North Carolina Introduction Boone v. Board of...

ADA Does Not Require Employers to Create New Job-Share Positions for Disability Accommodations: Perdue v. Sanofi-Aventis U.S., LLC

Date: Jun 9, 2021

ADA Does Not Require Employers to Create New Job-Share Positions for Disability Accommodations: Perdue v. Sanofi-Aventis U.S., LLC Introduction In the case of Janet Perdue v. Sanofi-Aventis U.S.,...

Fourth Circuit Establishes RICO Conspiracy Not Categorically a Crime of Violence under 18 U.S.C. § 924(c)

Date: May 29, 2021

Fourth Circuit Establishes RICO Conspiracy Not Categorically a Crime of Violence under 18 U.S.C. § 924(c) Introduction In the case of UNITED STATES OF AMERICA v. Antonio Simmons, a/k/a Murdock, Doc,...

Fourth Circuit Affirms SSA Denial of Disability Benefits in Britt v. Saul

Date: May 29, 2021

Fourth Circuit Affirms SSA Denial of Disability Benefits in Britt v. Saul Introduction In the case of Juanita Britt v. Andrew M. Saul, decided on May 28, 2021, the United States Court of Appeals for...

Affirmed: Inmates' Limited Privacy Expectations in Prison Medical Settings - Payne v. Taslimi

Date: May 28, 2021

Affirmed: Inmates' Limited Privacy Expectations in Prison Medical Settings - Payne v. Taslimi Introduction Christopher N. Payne, an incarcerated individual at Deep Meadow Correctional Center in...

Enforceability of Global Appeal Waivers in Plea Agreements: U.S. v. Boutcher

Date: May 27, 2021

Enforceability of Global Appeal Waivers in Plea Agreements: U.S. v. Boutcher Introduction In the case of United States of America v. Gerald Alex Boutcher (998 F.3d 603), the United States Court of...

Duty of Immigration Judges to Develop the Record in Pro Se Asylum Cases

Date: May 27, 2021

Duty of Immigration Judges to Develop the Record in Pro Se Asylum Cases Introduction The case of Miguel Angel Arevalo Quintero v. Merrick B. Garland before the United States Court of Appeals for the...

Fourth Circuit Expands Interpretation of Same-Sex Sexual Harassment under Title VII

Date: May 22, 2021

Fourth Circuit Expands Interpretation of Same-Sex Sexual Harassment under Title VII Introduction In the landmark case Chazz J. Roberts v. Glenn Industrial Group, Inc., decided by the United States...