4th Circuit Case Commentaries

Establishing Municipal Liability: Fourth Circuit Reinstates Monell Claim in Burgess v. Goldstein

Date: May 15, 2021

Establishing Municipal Liability: Fourth Circuit Reinstates Monell Claim in Burgess v. Goldstein Introduction The case of Sabein Burgess v. Gerald Alan Goldstein et al., adjudicated by the United...

United States v. Jules A. Bartow: Narrowing the "Fighting Words" Exception under the First Amendment

Date: May 12, 2021

United States v. Jules A. Bartow: Narrowing the "Fighting Words" Exception under the First Amendment Introduction The case of United States of America v. Jules A. Bartow centers on the criminal...

Balancing Compassionate Release and Sentencing Factors in the Time of COVID-19: High v. United States

Date: May 8, 2021

Balancing Compassionate Release and Sentencing Factors in the Time of COVID-19: High v. United States Introduction United States of America v. Anthony Jerrod High, 997 F.3d 181 (4th Cir. 2021), is a...

Fourth Circuit Applies Gant Beyond Vehicles: Limits on Warrantless Searches of Personal Containers in Davis v. USA

Date: May 8, 2021

Fourth Circuit Applies Gant Beyond Vehicles: Limits on Warrantless Searches of Personal Containers in Davis v. USA Introduction In the case of United States of America v. Howard Davis, decided by the...

Enhancing Sentencing Analysis: Fourth Circuit Vacates Sentence Denial Under the First Step Act in United States v. Lancaster

Date: May 8, 2021

Enhancing Sentencing Analysis: Fourth Circuit Vacates Sentence Denial Under the First Step Act in United States v. Lancaster Introduction United States of America v. Christopher Lancaster, 997 F.3d...

Battery Claims Excluded Under FTCA's Intentional-Tort Exception: Billups v. United States

Date: May 7, 2021

Battery Claims Excluded Under FTCA's Intentional-Tort Exception: Billups v. United States Introduction In the case of Andrew J. Billups III v. United States, adjudicated by the United States Court of...

Terry v. Stirling: Affirmation of Ineffective Assistance of Counsel Claims under Martinez Framework

Date: May 6, 2021

Terry v. Stirling: Affirmation of Ineffective Assistance of Counsel Claims under Martinez Framework Introduction In the case of Gary DuBose Terry v. Bryan P. Stirling, Commissioner, South Carolina...

Federal Officer Removal Statute Expanded: A New Precedent in Opioid Litigation

Date: May 4, 2021

Federal Officer Removal Statute Expanded: A New Precedent in Opioid Litigation Introduction The legal landscape of opioid litigation saw a significant development in the case The County Board of...

Preventing Unilateral Reassignment Under the ADA: Insights from Wirtes v. City of Newport News

Date: May 1, 2021

Preventing Unilateral Reassignment Under the ADA: Insights from Wirtes v. City of Newport News Introduction In Wirtes v. City of Newport News, the United States Court of Appeals for the Fourth...

Sovereign Immunity Affirmed: NRC Protected from Whistleblower Retaliation Claims

Date: May 1, 2021

Sovereign Immunity Affirmed: NRC Protected from Whistleblower Retaliation Claims Introduction In the landmark case of Michael S. Peck, Ph.D., Petitioner, v. United States Department of Labor,...

Fourth Circuit Establishes Hobbs Act Robbery as Non-Violent for Career Offender Purposes under U.S. Sentencing Guidelines

Date: Apr 30, 2021

Fourth Circuit Establishes Hobbs Act Robbery as Non-Violent for Career Offender Purposes under U.S. Sentencing Guidelines Introduction In the appellate case United States of America v. Richard Green,...

Fourth Circuit Limits Bivens Expansion and Reaffirms Prosecutorial Immunity in Reddy Vijay Annappareddy Case

Date: Apr 27, 2021

Fourth Circuit Limits Bivens Expansion and Reaffirms Prosecutorial Immunity in Reddy Vijay Annappareddy Case Introduction The case of Reddy Vijay Annappareddy v. Catherine Schuster Pascale et al....

Fourth Circuit Reinforces Statutory Maximum Compliance and Reasonableness in First Step Act Sentence Reductions

Date: Apr 27, 2021

Fourth Circuit Reinforces Statutory Maximum Compliance and Reasonableness in First Step Act Sentence Reductions Introduction In the landmark case of United States of America v. Chuck Parker...

Clarifying the Wheeler Test: No Substantive Change in Law Established by Mathis v. United States

Date: Apr 21, 2021

Clarifying the Wheeler Test: No Substantive Change in Law Established by Mathis v. United States Introduction In the appellate case of John Forrest Ham, Jr. v. Warden M. Breckon, the United States...

Enhancing Standards for Ineffective Assistance of Counsel under §2255: United States v. Mayhew

Date: Apr 20, 2021

Enhancing Standards for Ineffective Assistance of Counsel under §2255: United States v. Mayhew Introduction In the landmark case United States v. Mayhew, 995 F.3d 171 (4th Cir. 2021), the United...

Fourth Circuit Affirms Summary Judgment on Retaliation Claims While Remanding Overtime Compensation in Castillo v. Urquhart

Date: Apr 17, 2021

Fourth Circuit Affirms Summary Judgment on Retaliation Claims While Remanding Overtime Compensation in Castillo v. Urquhart Introduction In Castillo v. Urquhart, Nohelia M. Castillo appealed the...

Affirmation of the Single Publication Rule in Defamation Law: Lokhova v. Halper and Media Organizations

Date: Apr 16, 2021

Affirmation of the Single Publication Rule in Defamation Law: Lokhova v. Halper and Media Organizations Introduction In the landmark case Svetlana Lokhova v. Stefan A. Halper & Media Organizations,...

Extend of Antitrust Liability in Pharmaceutical Monopolization: Insights from Mayor and City Council of Baltimore v. Actelion Pharmaceuticals

Date: Apr 14, 2021

Extend of Antitrust Liability in Pharmaceutical Monopolization: Insights from Mayor and City Council of Baltimore v. Actelion Pharmaceuticals Introduction In the landmark case Mayor and City Council...

Fourth Circuit Clarifies Requirements for Seizure: Acquiescence and Reasonable Suspicion Necessitated

Date: Apr 13, 2021

Fourth Circuit Clarifies Requirements for Seizure: Acquiescence and Reasonable Suspicion Necessitated Introduction In the case of United States of America v. Timothy Lamont Cloud, decided on April...

Kitlinski v. DEA: USERRA Protections Do Not Extend to Non-Service Related Employment Actions

Date: Apr 9, 2021

Kitlinski v. DEA: USERRA Protections Do Not Extend to Non-Service Related Employment Actions Introduction Kitlinski v. Drug Enforcement Administration (DEA) is a pivotal case heard by the United...