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  • Commentaries
  • Judgments

4th Circuit Case Commentaries

Fourth Circuit Abolishes 'Manager Rule' and Adopts Holistic Test for Oppositional Conduct in Title VII Retaliation Claims

Fourth Circuit Abolishes 'Manager Rule' and Adopts Holistic Test for Oppositional Conduct in Title VII Retaliation Claims

Date: Aug 11, 2015
Fourth Circuit Abolishes 'Manager Rule' and Adopts Holistic Test for Oppositional Conduct in Title VII Retaliation Claims Introduction The case of J. Neil DeMasters v. Carilion Clinic (4th Cir. 2015)...
Enforceability of Mixed Arbitration Clauses: Insights from Chorley Enterprises Inc. v. Dickey's Barbecue Restaurants, Inc.

Enforceability of Mixed Arbitration Clauses: Insights from Chorley Enterprises Inc. v. Dickey's Barbecue Restaurants, Inc.

Date: Aug 6, 2015
Enforceability of Mixed Arbitration Clauses: Insights from Chorley Enterprises Inc. v. Dickey's Barbecue Restaurants, Inc. Introduction The case of Chorley Enterprises, Inc., et al. v. Dickey's...
Fourth Circuit Clarifies Private Cause of Action Under FLSA Tip-Credit Provisions

Fourth Circuit Clarifies Private Cause of Action Under FLSA Tip-Credit Provisions

Date: Jul 30, 2015
Fourth Circuit Clarifies Private Cause of Action Under FLSA Tip-Credit Provisions Introduction In the landmark case of Patricio Da v. d TREJO, et al., adjudicated by the United States Court of...
Review of United States v. Madison Duane McRae: New Precedent on Rule 60(b) and Successive Habeas Petitions

Review of United States v. Madison Duane McRae: New Precedent on Rule 60(b) and Successive Habeas Petitions

Date: Jul 14, 2015
Review of United States v. Madison Duane McRae: New Precedent on Rule 60(b) and Successive Habeas Petitions Introduction In United States v. Madison Duane McRae, 793 F.3d 392 (4th Cir. 2015), the...
Fourth Circuit Rules Certificate of Appealability Not Required for Mixed Rule 60(b)/§2255 Motions

Fourth Circuit Rules Certificate of Appealability Not Required for Mixed Rule 60(b)/§2255 Motions

Date: Jul 14, 2015
Fourth Circuit Rules Certificate of Appealability Not Required for Mixed Rule 60(b)/§2255 Motions Introduction United States of America v. Madison Duane McRae, 793 F.3d 392 (4th Cir. 2015), addresses...
Enhanced Protections for Inmate Religious Rights under RLUIPA and First Amendment: Insights from Jehovah v. Clarke

Enhanced Protections for Inmate Religious Rights under RLUIPA and First Amendment: Insights from Jehovah v. Clarke

Date: Jul 10, 2015
Enhanced Protections for Inmate Religious Rights under RLUIPA and First Amendment: Insights from Jehovah v. Clarke Introduction In Jesus Emmanuel Jehovah v. Harold W. Clarke et al., 798 F.3d 169 (4th...
Employer Liability in Hostile Work Environment: Pryor v. United Airlines

Employer Liability in Hostile Work Environment: Pryor v. United Airlines

Date: Jul 2, 2015
Employer Liability in Hostile Work Environment: Pryor v. United Airlines Introduction The case of Renee Pryor v. United Airlines, Inc. (791 F.3d 488, 4th Cir. 2015) serves as a pivotal precedent in...
District Court Jurisdiction Affirmed for § 362(k) Automatic Stay Violations in Houck v. Substitute Trustee Services

District Court Jurisdiction Affirmed for § 362(k) Automatic Stay Violations in Houck v. Substitute Trustee Services

Date: Jul 2, 2015
District Court Jurisdiction Affirmed for § 362(k) Automatic Stay Violations in Houck v. Substitute Trustee Services 1. Introduction The case of Diana Louise Houck; Steven G. Tate v. Substitute...
Fourth Circuit Establishes District Court Jurisdiction for § 362(k) Claims

Fourth Circuit Establishes District Court Jurisdiction for § 362(k) Claims

Date: Jul 2, 2015
Fourth Circuit Establishes District Court Jurisdiction for § 362(k) Claims Introduction The case of Diana Louise Houck; Steven G. Tate v. Substitute Trustee Services, Inc. addressed critical issues...
Clarifying Procedural Due Process in Extended Solitary Confinement: Insights from Lumumba K. Incumaa v. Stirling

Clarifying Procedural Due Process in Extended Solitary Confinement: Insights from Lumumba K. Incumaa v. Stirling

Date: Jul 2, 2015
Clarifying Procedural Due Process in Extended Solitary Confinement: Insights from Lumumba K. Incumaa v. Stirling Introduction In the landmark case of Lumumba K. Incumaa v. Bryan P. Stirling, 791 F.3d...
Fourth Circuit Vacates Dismissal of RCRA Claims: Clarifications on Anti-Duplication and Motion to Dismiss Standards

Fourth Circuit Vacates Dismissal of RCRA Claims: Clarifications on Anti-Duplication and Motion to Dismiss Standards

Date: Jul 2, 2015
Fourth Circuit Vacates Dismissal of RCRA Claims: Clarifications on Anti-Duplication and Motion to Dismiss Standards Introduction The case of Bruce Goldfarb et al. v. Mayor and City Council of...
Newbold v. United States: Redefining Armed Career Criminal Designations Post-Simmons

Newbold v. United States: Redefining Armed Career Criminal Designations Post-Simmons

Date: Jul 1, 2015
Newbold v. United States: Redefining Armed Career Criminal Designations Post-Simmons Introduction In United States v. Joseph K. Newbold, 791 F.3d 455 (4th Cir. 2015), the United States Court of...
Establishing Employer Liability for Withdrawal Under ERISA: Trustees of the Plumbers and Pipefitters National Pension Fund v. Plumbing Services, Inc.

Establishing Employer Liability for Withdrawal Under ERISA: Trustees of the Plumbers and Pipefitters National Pension Fund v. Plumbing Services, Inc.

Date: Jun 30, 2015
Establishing Employer Liability for Withdrawal Under ERISA: Trustees of the Plumbers and Pipefitters National Pension Fund v. Plumbing Services, Inc. Introduction In the landmark case of The Trustees...
Substantial Similarity in Architectural Copyright Claims Affirmed
        in Humphreys & Partners Architects, L.P. v. Lessard Design, Inc.

Substantial Similarity in Architectural Copyright Claims Affirmed in Humphreys & Partners Architects, L.P. v. Lessard Design, Inc.

Date: Jun 24, 2015
Substantial Similarity in Architectural Copyright Claims Affirmed in Humphreys & Partners Architects, L.P. v. Lessard Design, Inc. Introduction In the case of Humphreys & Partners Architects, L.P....
Exclusionary Rule in Civil Removal Proceedings: Insights from Yanez–Marquez v. Lynch

Exclusionary Rule in Civil Removal Proceedings: Insights from Yanez–Marquez v. Lynch

Date: Jun 17, 2015
Exclusionary Rule in Civil Removal Proceedings: Insights from Yanez–Marquez v. Lynch Introduction Yanez–Marquez v. Lynch (789 F.3d 434) is a pivotal case adjudicated by the United States Court of...
Reyazuddin v. Montgomery County: Strengthening Disability Accommodations in Public Employment under Section 504

Reyazuddin v. Montgomery County: Strengthening Disability Accommodations in Public Employment under Section 504

Date: Jun 16, 2015
Reyazuddin v. Montgomery County: Strengthening Disability Accommodations in Public Employment under Section 504 Introduction In Reyazuddin v. Montgomery County, Maryland, the United States Court of...
Affirmation of FMLA and ADA Compliance in Employment Practices: Adams v. Anne Arundel County Public Schools

Affirmation of FMLA and ADA Compliance in Employment Practices: Adams v. Anne Arundel County Public Schools

Date: Jun 16, 2015
Affirmation of FMLA and ADA Compliance in Employment Practices: Adams v. Anne Arundel County Public Schools Introduction In the case of Andrew Adams v. Anne Arundel County Public Schools, the United...
Enforcement of Radius Restriction Clauses in Commercial Leases: Insights from DAVE & BUSTER'S, INC. v. WHITE FLINT MALL

Enforcement of Radius Restriction Clauses in Commercial Leases: Insights from DAVE & BUSTER'S, INC. v. WHITE FLINT MALL

Date: Jun 12, 2015
Enforcement of Radius Restriction Clauses in Commercial Leases: Insights from DAVE & BUSTER'S, INC. v. WHITE FLINT MALL Introduction The case of DAVE & BUSTER'S, INC. v. WHITE FLINT MALL, LLLP...
Credibility Assessment in Social Security Disability Claims: Dunn v. Colvin

Credibility Assessment in Social Security Disability Claims: Dunn v. Colvin

Date: Jun 2, 2015
Credibility Assessment in Social Security Disability Claims: Dunn v. Colvin Introduction In Dunn v. Colvin, 607 F. App'x 264 (4th Cir. 2015), the plaintiff-appellant, Lisa Dunn, challenged the...
Fourth Circuit Upholds McDonnell Douglas Framework for Title VII Retaliation Claims Following Nassar

Fourth Circuit Upholds McDonnell Douglas Framework for Title VII Retaliation Claims Following Nassar

Date: May 22, 2015
Fourth Circuit Upholds McDonnell Douglas Framework for Title VII Retaliation Claims Following Nassar Introduction In Iris Foster, Plaintiff–Appellant, v. University of Maryland–Eastern Shore,...
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