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  • Commentaries
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4th Circuit Case Commentaries

Expansion of Evidence Admissibility in Healthcare Fraud Cases: United States v. Bajoghli

Expansion of Evidence Admissibility in Healthcare Fraud Cases: United States v. Bajoghli

Date: May 12, 2015
Expansion of Evidence Admissibility in Healthcare Fraud Cases: United States v. Bajoghli Introduction The case of United States of America v. Amir A. Bajoghli (785 F.3d 957) represents a pivotal...
Fourth Circuit Establishes 'Extremely Serious' Isolated Incident Rule for Hostile Work Environment and Retaliation Claims

Fourth Circuit Establishes 'Extremely Serious' Isolated Incident Rule for Hostile Work Environment and Retaliation Claims

Date: May 8, 2015
Fourth Circuit Establishes 'Extremely Serious' Isolated Incident Rule for Hostile Work Environment and Retaliation Claims Introduction In the landmark case Reya C. Boyer-Liberto v. Fontainebleau...
Fourth Circuit Overrules Jordan, Recognizing Extremely Serious Isolated Incidents as Hostile Work Environment Under Title VII

Fourth Circuit Overrules Jordan, Recognizing Extremely Serious Isolated Incidents as Hostile Work Environment Under Title VII

Date: May 8, 2015
Fourth Circuit Overrules Jordan, Recognizing Extremely Serious Isolated Incidents as Hostile Work Environment Under Title VII Case: Reya C. Boyer–Liberto v. Fontainebleau Corporation, 786 F.3d 264...
Remand Granted in Greenspan v. Brothers Property Corporation: Implications for Diversity Jurisdiction and Wrongful Termination Claims

Remand Granted in Greenspan v. Brothers Property Corporation: Implications for Diversity Jurisdiction and Wrongful Termination Claims

Date: May 1, 2015
Remand Granted in Greenspan v. Brothers Property Corporation: Implications for Diversity Jurisdiction and Wrongful Termination Claims Introduction In Jacob Greenspan v. Brothers Property Corporation,...
Affirmation of Qualified Immunity in Mental Health Detention Cases: Raub v. Campbell

Affirmation of Qualified Immunity in Mental Health Detention Cases: Raub v. Campbell

Date: Apr 30, 2015
Affirmation of Qualified Immunity in Mental Health Detention Cases: Raub v. Campbell Introduction The case of Brandon Raub v. Michael Campbell et al. adjudicated by the United States Court of Appeals...
Career Offender Designation Does Not Constitute a Fundamental Defect for Collateral Relief Under §2255

Career Offender Designation Does Not Constitute a Fundamental Defect for Collateral Relief Under §2255

Date: Apr 28, 2015
Career Offender Designation Does Not Constitute a Fundamental Defect for Collateral Relief Under §2255 Introduction The case of United States of America v. Wesley Devon Foote, 784 F.3d 931 (4th Cir....
Ineffective Assistance of Counsel and the Admission of Fingerprint Evidence: Jones v. Clarke

Ineffective Assistance of Counsel and the Admission of Fingerprint Evidence: Jones v. Clarke

Date: Apr 23, 2015
Ineffective Assistance of Counsel and the Admission of Fingerprint Evidence: Analysis of Jones v. Clarke Introduction In Rashaad Tiwania Jones v. Harold W. Clarke, 783 F.3d 987 (4th Cir. 2015), the...
4th Circuit Upholds Deliberate Indifference Standard in Title IX Harassment Case

4th Circuit Upholds Deliberate Indifference Standard in Title IX Harassment Case

Date: Apr 8, 2015
4th Circuit Upholds Deliberate Indifference Standard in Title IX Harassment Case Introduction In the landmark case of John Doe, Individually and as parent and next friend of J.D., a minor child; Jane...
Sufficiency of Circumstantial Evidence Upholds Bank Fraud and Evidence Tampering Convictions in United States v. Gadsden

Sufficiency of Circumstantial Evidence Upholds Bank Fraud and Evidence Tampering Convictions in United States v. Gadsden

Date: Apr 2, 2015
Sufficiency of Circumstantial Evidence Upholds Bank Fraud and Evidence Tampering Convictions in United States v. Gadsden Introduction The case of United States of America v. Daren Kareem Gadsden...
Ineffective Assistance of Counsel Claims and Pinkerton Principles in Drug Conspiracy Sentencing: Analysis of United States v. Rangel

Ineffective Assistance of Counsel Claims and Pinkerton Principles in Drug Conspiracy Sentencing: Analysis of United States v. Rangel

Date: Apr 2, 2015
Ineffective Assistance of Counsel Claims and Pinkerton Principles in Drug Conspiracy Sentencing: Analysis of United States v. Rangel Introduction The case of United States of America v. Abel Castillo...
Complete Preemption of State Tort Claims under the Communications Act: Johnson v. American Towers, LLC

Complete Preemption of State Tort Claims under the Communications Act: Johnson v. American Towers, LLC

Date: Mar 26, 2015
Complete Preemption of State Tort Claims under the Communications Act: Johnson v. American Towers, LLC Introduction Johnson v. American Towers, LLC is a significant appellate decision by the United...
Fourth Circuit Reiterates the Essential Role of Heat of Passion Instructions in Ensuring Effective Assistance of Counsel

Fourth Circuit Reiterates the Essential Role of Heat of Passion Instructions in Ensuring Effective Assistance of Counsel

Date: Mar 21, 2015
Fourth Circuit Reiterates the Essential Role of Heat of Passion Instructions in Ensuring Effective Assistance of Counsel Introduction In Mark E. Lee v. Harold W. Clarke, Director, Department of...
Mandatory Function-by-Function Analysis in Residual Functional Capacity Assessments: Mascio v. Colvin

Mandatory Function-by-Function Analysis in Residual Functional Capacity Assessments: Mascio v. Colvin

Date: Mar 19, 2015
Mandatory Function-by-Function Analysis in Residual Functional Capacity Assessments: Mascio v. Colvin Introduction In Bonnilyn A. Mascio v. Carolyn W. Colvin et al., 780 F.3d 632 (4th Cir. 2015), the...
Fourth Circuit Reinforces Proper Residual Functional Capacity Assessment Procedures in Social Security Disability Cases

Fourth Circuit Reinforces Proper Residual Functional Capacity Assessment Procedures in Social Security Disability Cases

Date: Mar 19, 2015
Fourth Circuit Reinforces Proper Residual Functional Capacity Assessment Procedures in Social Security Disability Cases Introduction In the case of Bonnilyn A. Mascio v. Carolyn W. Colvin, Acting...
Affirmation of Qualified Immunity in Excessive Force Claims: SMITH v. RAY

Affirmation of Qualified Immunity in Excessive Force Claims: SMITH v. RAY

Date: Mar 19, 2015
Affirmation of Qualified Immunity in Excessive Force Claims: SMITH v. RAY Introduction The case of Amanda Deanne Smith v. Officer R.R. Ray represents a significant judicial examination of qualified...
Fourth Circuit Clarifies Judicial Notice and Strengthens Scienter Requirements in Securities Fraud Cases

Fourth Circuit Clarifies Judicial Notice and Strengthens Scienter Requirements in Securities Fraud Cases

Date: Mar 17, 2015
Fourth Circuit Clarifies Judicial Notice and Strengthens Scienter Requirements in Securities Fraud Cases Introduction In the landmark case Roman ZAK, Indi v. Chelsea Therapeutics International, LTD.,...
Pleading Standards in Title VII Discrimination Claims: Insights from McCleary–Evans v. Maryland Department of Transportation

Pleading Standards in Title VII Discrimination Claims: Insights from McCleary–Evans v. Maryland Department of Transportation

Date: Mar 14, 2015
Pleading Standards in Title VII Discrimination Claims: Insights from McCleary–Evans v. Maryland Department of Transportation Introduction The case of Dawnn McCleary–Evans v. Maryland Department of...
Affirming Criminal Contempt: Burden of Proof in Advice-of-Counsel Defense

Affirming Criminal Contempt: Burden of Proof in Advice-of-Counsel Defense

Date: Mar 14, 2015
Affirming Criminal Contempt: Burden of Proof in Advice-of-Counsel Defense Introduction The case of United States of America v. Tamny Westbrooks addresses significant issues surrounding criminal...
Affirmation of Commissioner’s Decision in Nichols v. Colvin: A Comprehensive Analysis

Affirmation of Commissioner’s Decision in Nichols v. Colvin: A Comprehensive Analysis

Date: Mar 14, 2015
Affirmation of Commissioner’s Decision in Nichols v. Colvin: A Comprehensive Analysis Introduction In the landmark case of Robert A. Nichols v. Carolyn W. Colvin, the United States District Court for...
Enhanced ADA Protections for Mental Health Disabilities: Jacobs v. N.C. Administrative Office of the Courts

Enhanced ADA Protections for Mental Health Disabilities: Jacobs v. N.C. Administrative Office of the Courts

Date: Mar 13, 2015
Enhanced ADA Protections for Mental Health Disabilities: Jacobs v. N.C. Administrative Office of the Courts Introduction Christina Lynn Jacobs, employed as a deputy clerk in New Hanover County, North...
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