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  • Commentaries
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4th Circuit Case Commentaries

Deliberate Indifference in Eighth Amendment Claims: Makdessi v. Defendants

Deliberate Indifference in Eighth Amendment Claims: Makdessi v. Defendants

Date: Mar 13, 2015
Deliberate Indifference in Eighth Amendment Claims: Makdessi v. Defendants Introduction Makdessi v. Defendants is a significant case adjudicated by the United States Court of Appeals for the Fourth...
Enhanced ADA Protections and Employer Responsibilities: Insights from Jacobs v. N.C. Administrative Office of the Courts

Enhanced ADA Protections and Employer Responsibilities: Insights from Jacobs v. N.C. Administrative Office of the Courts

Date: Mar 13, 2015
Enhanced ADA Protections and Employer Responsibilities: Insights from Jacobs v. N.C. Administrative Office of the Courts Introduction In Christina Lynn Jacobs v. N.C. Administrative Office of the...
Reversing Procedural Due Process Claims on Death Row: Insights from Prieto v. Clarke

Reversing Procedural Due Process Claims on Death Row: Insights from Prieto v. Clarke

Date: Mar 11, 2015
Reversing Procedural Due Process Claims on Death Row: Insights from Prieto v. Clarke Introduction Case: Alfredo Prieto, Plaintiff–Appellee, v. Harold Clarke, Director; A. Da Court: United States...
Ensuring Reliability of Expert Evidence: Fourth Circuit Affirms Exclusion in Eeoc v. Freeman

Ensuring Reliability of Expert Evidence: Fourth Circuit Affirms Exclusion in Eeoc v. Freeman

Date: Feb 21, 2015
Ensuring Reliability of Expert Evidence: Fourth Circuit Affirms Exclusion in Eeoc v. Freeman Introduction In the case of Equal Employment Opportunity Commission (EEOC) v. Freeman, the United States...
Affirmation of Disability Benefits Denial Based on Substantial Evidence Despite Mandate Rule Misapplication

Affirmation of Disability Benefits Denial Based on Substantial Evidence Despite Mandate Rule Misapplication

Date: Feb 13, 2015
Affirmation of Disability Benefits Denial Based on Substantial Evidence Despite Mandate Rule Misapplication Introduction The case of Madeline Brown Tanner v. Commissioner of Social Security (602 F....
Affirmation of Expanded Whistleblower Protections under the Sarbanes-Oxley Act

Affirmation of Expanded Whistleblower Protections under the Sarbanes-Oxley Act

Date: Jan 27, 2015
Affirmation of Expanded Whistleblower Protections under the Sarbanes-Oxley Act Introduction The case of Andrea Gail Jones v. SouthPeak Interactive Corporation serves as a pivotal decision in the...
Fourth Circuit Reaffirms Home Curtilage Protections Under the Fourth Amendment in Covey v. Manchas

Fourth Circuit Reaffirms Home Curtilage Protections Under the Fourth Amendment in Covey v. Manchas

Date: Jan 27, 2015
Fourth Circuit Reaffirms Home Curtilage Protections Under the Fourth Amendment in Covey v. Manchas Introduction In Christopher J. Covey; Lela G. Covey v. Assessor of Ohio County; et al., 777 F.3d 186...
Affirmation of VWCA's Exclusivity in Demetres v. East West Construction: Establishing Limits on Personal Injury Suits in Virginia

Affirmation of VWCA's Exclusivity in Demetres v. East West Construction: Establishing Limits on Personal Injury Suits in Virginia

Date: Jan 16, 2015
Affirmation of VWCA's Exclusivity in Demetres v. East West Construction: Establishing Limits on Personal Injury Suits in Virginia Introduction The case of James Thomas Demetres v. East West...
Fourth Circuit Reinforces Implied Certification Doctrine under the False Claims Act in United States of America v. Triple Canopy, Inc.

Fourth Circuit Reinforces Implied Certification Doctrine under the False Claims Act in United States of America v. Triple Canopy, Inc.

Date: Jan 9, 2015
Fourth Circuit Reinforces Implied Certification Doctrine under the False Claims Act Introduction The case of United States of America v. Triple Canopy, Inc., adjudicated by the United States Court of...
Wrongful Discharge for Refusal to Engage in Illegal Acts: Weidman v. ExxonMobil Sets Virginia Precedent

Wrongful Discharge for Refusal to Engage in Illegal Acts: Weidman v. ExxonMobil Sets Virginia Precedent

Date: Jan 9, 2015
Wrongful Discharge for Refusal to Engage in Illegal Acts: Weidman v. ExxonMobil Sets Virginia Precedent Introduction Weidman v. ExxonMobil, 776 F.3d 214 (4th Cir. 2015), is a pivotal case in Virginia...
Walker v. Mod–U–Kraf Homes: Establishing the Threshold for Hostile Work Environment Claims

Walker v. Mod–U–Kraf Homes: Establishing the Threshold for Hostile Work Environment Claims

Date: Dec 24, 2014
Walker v. Mod–U–Kraf Homes: Establishing the Threshold for Hostile Work Environment Claims Introduction In Walker v. Mod–U–Kraf Homes, LLC, decided by the United States Court of Appeals for the...
Fourth Circuit Ruling Affirms Unconstitutionality of North Carolina's Compelled Speech in Abortion Procedures

Fourth Circuit Ruling Affirms Unconstitutionality of North Carolina's Compelled Speech in Abortion Procedures

Date: Dec 23, 2014
Fourth Circuit Ruling Affirms Unconstitutionality of North Carolina's Compelled Speech in Abortion Procedures Introduction In the landmark case of Stuart v. Camnitz, decided on December 22, 2014, the...
Timeliness of §2255 Petitions in Light of Legal Precedents: Whiteside v. United States

Timeliness of §2255 Petitions in Light of Legal Precedents: Whiteside v. United States

Date: Dec 20, 2014
Timeliness of §2255 Petitions in Light of Legal Precedents: Whiteside v. United States Introduction Whiteside v. United States, 775 F.3d 180 (4th Cir. 2014), presents a pivotal examination of the...
Effective Assistance of Counsel in Drug Conspiracy Convictions: Insights from United States v. Mason

Effective Assistance of Counsel in Drug Conspiracy Convictions: Insights from United States v. Mason

Date: Dec 19, 2014
Effective Assistance of Counsel in Drug Conspiracy Convictions: Insights from United States v. Mason Introduction The case of United States v. Victor Eugene Mason, 774 F.3d 824 (4th Cir. 2014),...
Deliberate Indifference in Correctional Medical Care: Jackson v. Lightsey Establishes Enhanced Scrutiny Standards

Deliberate Indifference in Correctional Medical Care: Jackson v. Lightsey Establishes Enhanced Scrutiny Standards

Date: Dec 19, 2014
Deliberate Indifference in Correctional Medical Care: Jackson v. Lightsey Establishes Enhanced Scrutiny Standards Introduction In the landmark case of Samuel Junior Jackson v. Dr. Joseph Lightsey;...
Reaffirming Judicial Neutrality in Plea Negotiations: Insights from United States v. Sanya

Reaffirming Judicial Neutrality in Plea Negotiations: Insights from United States v. Sanya

Date: Dec 18, 2014
Reaffirming Judicial Neutrality in Plea Negotiations: Insights from United States v. Sanya Introduction United States of America v. Oluwaseun Sanya is a pivotal case adjudicated by the United States...
Waiver of Governmental Immunity in Proprietary Capacities: Insights from AGI Associates v. City of Hickory

Waiver of Governmental Immunity in Proprietary Capacities: Insights from AGI Associates v. City of Hickory

Date: Dec 12, 2014
Waiver of Governmental Immunity in Proprietary Capacities: Insights from AGI Associates v. City of Hickory Introduction AGI Associates, LLC v. City of Hickory, North Carolina is a significant case...
Purposeful Availment and Personal Jurisdiction: Insights from Universal Leather v. Koro AR

Purposeful Availment and Personal Jurisdiction: Insights from Universal Leather v. Koro AR

Date: Dec 9, 2014
Purposeful Availment and Personal Jurisdiction: Insights from Universal Leather v. Koro AR Introduction The legal landscape surrounding personal jurisdiction, particularly over foreign corporations,...
Strict Adherence to Rule 9(b) in Fraud Allegations: Murphy v. Capella Education Co.

Strict Adherence to Rule 9(b) in Fraud Allegations: Murphy v. Capella Education Co.

Date: Dec 6, 2014
Strict Adherence to Rule 9(b) in Fraud Allegations: Murphy v. Capella Education Co. Introduction Melvin Murphy v. Capella Education Company, 589 F. App'x 646 (4th Cir. 2014), is a pivotal case...
Eleventh Amendment Shields South Carolina Retirement System and Officials from Takings Claims

Eleventh Amendment Shields South Carolina Retirement System and Officials from Takings Claims

Date: Dec 6, 2014
Eleventh Amendment Shields South Carolina Retirement System and Officials from Takings Claims Introduction In the landmark case Gail M. Hutto et al. v. South Carolina Retirement System et al.,...
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