4th Circuit Case Commentaries

Affirming Contract Formation Standards in Arbitration Agreements: Rowland v. Morris Financial

Date: Apr 8, 2021

Affirming Contract Formation Standards in Arbitration Agreements: Rowland v. Morris Financial Introduction In Rowland v. Morris Financial & Estate Planning Services, LLC, the United States Court of...

Constructive Acceptance Suffices for Appellate Waivers in Plea Agreements: Insights from United States v. Soloff

Date: Apr 8, 2021

Constructive Acceptance Suffices for Appellate Waivers in Plea Agreements: Insights from United States v. Soloff Introduction United States of America v. William Trevor Soloff, 993 F.3d 240 (4th Cir....

But-For Causation Required in Title IX Disciplinary Claims: Fourth Circuit in Sheppard v. VSU

Date: Apr 3, 2021

But-For Causation Required in Title IX Disciplinary Claims: Fourth Circuit in Sheppard v. VSU Introduction In the case of Malcolm X. Sheppard v. The Visitors of Virginia State University, Malcolm X....

4th Circuit Clarifies Standards for Compassionate Release Motions Filed by Inmates in United States v. Kibble

Date: Apr 2, 2021

4th Circuit Clarifies Standards for Compassionate Release Motions Filed by Inmates in United States v. Kibble Introduction In the case of United States of America v. Ryan Scott Kibble, the United...

Fourth Circuit Upholds Government's Authority Over Terrorist Screening Database Under Procedural Due Process

Date: Mar 31, 2021

Fourth Circuit Upholds Government's Authority Over Terrorist Screening Database Under Procedural Due Process Introduction In the landmark case of Anas Elhady et al. v. Charles H. Kable et al., the...

Qualified Immunity and Due Process in Prison Administrative Hearings: Insights from Halcomb v. Ravenell

Date: Mar 31, 2021

Qualified Immunity and Due Process in Prison Administrative Hearings: Insights from Halcomb v. Ravenell Introduction Halcomb v. Ravenell is a landmark case adjudicated by the United States Court of...

Qualified Immunity Overturned for Deliberate Indifference to Pretrial Detainee's Medical Needs in Mays v. Mays

Date: Mar 31, 2021

Qualified Immunity Overturned for Deliberate Indifference to Pretrial Detainee's Medical Needs in Mays v. Mays Introduction The case of Jeffery A. Mays, Administrator for the Estate of David Wayne...

Reinforcing Fourth Amendment Protections: The Drakeford Decision

Date: Mar 27, 2021

Reinforcing Fourth Amendment Protections: The Drakeford Decision Introduction In the case of United States of America v. Tremayne Lamont Drakeford (992 F.3d 255), the United States Court of Appeals...

Aiding and Abetting as Valid Predicate Under §924(c) and Sequestration Standards: A Comprehensive Analysis

Date: Mar 20, 2021

Aiding and Abetting as Valid Predicate Under §924(c) and Sequestration Standards: A Comprehensive Analysis Introduction In the landmark case of United States of America v. Hassan Sharif Ali, 991 F.3d...

United States v. Rafiekian: Affirmative Defense Interpretation of 18 U.S.C. §951’s "Legal Commercial Transaction" Exception

Date: Mar 19, 2021

United States v. Rafiekian: Affirmative Defense Interpretation of 18 U.S.C. §951’s "Legal Commercial Transaction" Exception Introduction In United States of America v. Bijan Rafiekian, 991 F.3d 529...

Affirmation of Summary Judgment in ADA and Title VII Claims: Jason Thomas v. City of Annapolis

Date: Mar 13, 2021

Affirmation of Summary Judgment in ADA and Title VII Claims: Jason Thomas v. City of Annapolis Introduction Jason Thomas v. City of Annapolis is an appellate case adjudicated by the United States...

Guidance on Evidentiary Hearings in Ineffective Assistance of Counsel Claims: United States v. Pressley

Date: Mar 12, 2021

Guidance on Evidentiary Hearings in Ineffective Assistance of Counsel Claims: United States v. Pressley Introduction United States v. James Rodreiqas Pressley, 990 F.3d 383 (4th Cir. 2021), presents...

Affirming the Limitations of Bivens: First Amendment Retaliation Claims in Federal Prisons Denied

Date: Mar 11, 2021

Affirming the Limitations of Bivens: First Amendment Retaliation Claims in Federal Prisons Denied Introduction The case of Vernon Norman Earle v. Shreves et al. addresses a critical issue regarding...

Enhanced Standards for Corroborating Evidence in Asylum Claims: Analysis of Arita-Deras v. Wilkinson

Date: Mar 5, 2021

Enhanced Standards for Corroborating Evidence in Asylum Claims: Analysis of Arita-Deras v. Wilkinson Introduction In the case of Maria Del Refugio Arita-Deras, L.A.P.A. v. Robert M. Wilkinson, Acting...

Sovereign Immunity Reinforced in Cunningham v. Lester: Implications for Federal Employees and TCPA Litigation

Date: Mar 5, 2021

Sovereign Immunity Reinforced in Cunningham v. Lester: Implications for Federal Employees and TCPA Litigation Introduction In the case of Craig Cunningham v. Deborah S. Lester et al., the United...

Reaffirming the Sufficiency of Circumstantial Evidence in Conspiracy Convictions: United States v. Seigler

Date: Mar 4, 2021

Reaffirming the Sufficiency of Circumstantial Evidence in Conspiracy Convictions: United States v. Seigler Introduction In the case of United States v. Kevin Thomas Seigler, 990 F.3d 331 (4th Cir....

Fourth Circuit Affirms School Authority in Regulating Student Speech: The Robertson v. Anderson Mill Elementary Case

Date: Mar 3, 2021

Fourth Circuit Affirms School Authority in Regulating Student Speech: The Robertson v. Anderson Mill Elementary Case Introduction The case of Hannah Robertson, Individually and on Behalf of her Minor...

Retroactive Application of United States v. Davis: Implications for §924(c) Convictions

Date: Feb 24, 2021

Retroactive Application of United States v. Davis: Implications for §924(c) Convictions Introduction In Re: Dearnta Lavon Thomas (988 F.3d 783), adjudicated by the United States Court of Appeals for...

Establishing Genuine Issues of Material Fact in Premises Liability: Insights from Sedar v. Reston Town Center Property

Date: Feb 23, 2021

Establishing Genuine Issues of Material Fact in Premises Liability: Insights from Sedar v. Reston Town Center Property Introduction In Sedar v. Reston Town Center Property, LLC, the United States...

Enhanced Scienter Requirements Affirmed in In Re: Triangle Capital Corporation Securities Litigation

Date: Feb 23, 2021

Enhanced Scienter Requirements Affirmed in In Re: Triangle Capital Corporation Securities Litigation Introduction In the case of In Re: Triangle Capital Corporation Securities Litigation, LifeWise...