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  • Commentaries
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4th Circuit Case Commentaries

Misapplication of Career Offender Status in Sentencing Leads to Vacated Life Sentence: Howard v. United States

Misapplication of Career Offender Status in Sentencing Leads to Vacated Life Sentence: Howard v. United States

Date: Dec 5, 2014
Misapplication of Career Offender Status in Sentencing Leads to Vacated Life Sentence: Howard v. United States Introduction Howard v. United States, decided by the United States Court of Appeals for...
Equitable Tolling in Employment Law: Insights from Cruz v. Maypa

Equitable Tolling in Employment Law: Insights from Cruz v. Maypa

Date: Dec 2, 2014
Equitable Tolling in Employment Law: Insights from Cruz v. Maypa Introduction Cristina Fernandez Cruz v. Maypa et al. is a pivotal case adjudicated by the United States Court of Appeals for the...
Dowell v. United States: Clarifying the Application of Vulnerable Victim Enhancements in Child Pornography Sentencing

Dowell v. United States: Clarifying the Application of Vulnerable Victim Enhancements in Child Pornography Sentencing

Date: Nov 14, 2014
Dowell v. United States: Clarifying the Application of Vulnerable Victim Enhancements in Child Pornography Sentencing Introduction Dowell v. United States is a landmark case adjudicated by the United...
Affirmation of Conviction under 18 U.S.C. §924(c) and the Waiver of Suppression Motions: Analysis of United States v. Corey A. Moore

Affirmation of Conviction under 18 U.S.C. §924(c) and the Waiver of Suppression Motions: Analysis of United States v. Corey A. Moore

Date: Oct 11, 2014
Affirmation of Conviction under 18 U.S.C. §924(c) and the Waiver of Suppression Motions: Analysis of United States v. Corey A. Moore Introduction In the landmark case of United States of America v....
4th Circuit Sets New Precedent on Voting Rights: Preliminary Injunction Granted for Same-Day Registration and Out-of-Precinct Ballots in NC

4th Circuit Sets New Precedent on Voting Rights: Preliminary Injunction Granted for Same-Day Registration and Out-of-Precinct Ballots in NC

Date: Oct 2, 2014
4th Circuit Sets New Precedent on Voting Rights: Preliminary Injunction Granted for Same-Day Registration and Out-of-Precinct Ballots in NC Introduction In the landmark case League of Women Voters of...
Determining Accrual Dates for Brady-Related §1983 Claims: Insights from Owens v. Baltimore City SAO

Determining Accrual Dates for Brady-Related §1983 Claims: Insights from Owens v. Baltimore City SAO

Date: Sep 25, 2014
Determining Accrual Dates for Brady-Related §1983 Claims: Insights from Owens v. Baltimore City SAO Introduction The case of James Owens v. Baltimore City State's Attorney’s Office et al. (767 F.3d...
Fourth Circuit Clarifies Statute of Limitations for Brady-Based §1983 Claims in Owens v. Baltimore City State's Attorney's Office

Fourth Circuit Clarifies Statute of Limitations for Brady-Based §1983 Claims in Owens v. Baltimore City State's Attorney's Office

Date: Sep 25, 2014
Fourth Circuit Clarifies Statute of Limitations for Brady-Based §1983 Claims in Owens v. Baltimore City State's Attorney's Office Introduction In the landmark case of James Owens v. Baltimore City...
Affirming the Consideration of Combined Impairments in Social Security Disability Claims: Reid v. Commissioner of Social Security

Affirming the Consideration of Combined Impairments in Social Security Disability Claims: Reid v. Commissioner of Social Security

Date: Sep 17, 2014
Affirming the Consideration of Combined Impairments in Social Security Disability Claims: Reid v. Commissioner of Social Security Introduction Reid v. Commissioner of Social Security is a pivotal...
Fourth Circuit Grants Qualified Immunity to Prison Officials in Bivens Claims under Eighth Amendment

Fourth Circuit Grants Qualified Immunity to Prison Officials in Bivens Claims under Eighth Amendment

Date: Sep 13, 2014
Fourth Circuit Grants Qualified Immunity to Prison Officials in Bivens Claims under Eighth Amendment Introduction In the landmark case of David Karl Danser v. Patricia R. Stansberry et al., the...
4th Circuit Vacates Class Certification in CBM Royalty Disputes, Emphasizing Strict Rule 23 Standards

4th Circuit Vacates Class Certification in CBM Royalty Disputes, Emphasizing Strict Rule 23 Standards

Date: Aug 20, 2014
4th Circuit Vacates Class Certification in CBM Royalty Disputes, Emphasizing Strict Rule 23 Standards Introduction The case of EQT Production Company v. Robert Adair and associated parties...
Fourth Circuit Establishes Debtors' Right to Pursue FDCPA Claims Without Pre-Suit Dispute

Fourth Circuit Establishes Debtors' Right to Pursue FDCPA Claims Without Pre-Suit Dispute

Date: Aug 16, 2014
Fourth Circuit Establishes Debtors' Right to Pursue FDCPA Claims Without Pre-Suit Dispute Introduction In Diane Russell v. Absolute Collection Services, Inc., 763 F.3d 385 (4th Cir. 2014), the United...
Clarifying Section 4(f) Applicability in Transportation Projects: Insights from Defenders of Wildlife v. NCDOT

Clarifying Section 4(f) Applicability in Transportation Projects: Insights from Defenders of Wildlife v. NCDOT

Date: Aug 7, 2014
Clarifying Section 4(f) Applicability in Transportation Projects: Insights from Defenders of Wildlife v. NCDOT Introduction The case of Defenders of Wildlife and National Wildlife Refuge Association...
Fourth Circuit Upholds District Court's Ruling on RESPA Claims Against Wells Fargo and Long & Foster

Fourth Circuit Upholds District Court's Ruling on RESPA Claims Against Wells Fargo and Long & Foster

Date: Aug 6, 2014
Fourth Circuit Upholds District Court's Ruling on RESPA Claims Against Wells Fargo and Long & Foster Introduction In the landmark case of Denise Minter, Individually and on behalf of a class of...
Tatum v. R.J. Reynolds: Affirming the 'Would Have' Standard for Loss Causation in ERISA Fiduciary Breaches

Tatum v. R.J. Reynolds: Affirming the 'Would Have' Standard for Loss Causation in ERISA Fiduciary Breaches

Date: Aug 5, 2014
Tatum v. R.J. Reynolds: Affirming the 'Would Have' Standard for Loss Causation in ERISA Fiduciary Breaches Introduction In the landmark case TATUM v. R.J. REYNOLDS TOBACCO CO., the United States...
Affirmation of Statutory Protections for Manufacturers' Rights: Priority Auto Group Inc. v. Ford Motor Company

Affirmation of Statutory Protections for Manufacturers' Rights: Priority Auto Group Inc. v. Ford Motor Company

Date: Jul 31, 2014
Affirmation of Statutory Protections for Manufacturers' Rights: Priority Auto Group Inc. v. Ford Motor Company Introduction In the case of Priority Auto Group, Inc. v. Ford Motor Company, decided on...
Fourth Circuit Upholds the Fundamental Right to Same-Sex Marriage: Bostic v. Rainey

Fourth Circuit Upholds the Fundamental Right to Same-Sex Marriage: Bostic v. Rainey

Date: Jul 29, 2014
Fourth Circuit Upholds the Fundamental Right to Same-Sex Marriage: Bostic v. Rainey Introduction In the landmark case Bostic v. Rainey, decided on July 28, 2014, the United States Court of Appeals...
Affirmation of Qualified Immunity in Civil Rights Claims: Massey v. Charlotte–Mecklenburg Police Officers

Affirmation of Qualified Immunity in Civil Rights Claims: Massey v. Charlotte–Mecklenburg Police Officers

Date: Jul 22, 2014
Affirmation of Qualified Immunity in Civil Rights Claims: Massey v. Charlotte–Mecklenburg Police Officers Introduction In the case of Shawn Massey v. Charlotte–Mecklenburg Police Officers, the United...
Fourth Circuit Enhances Scrutiny on Eighth Amendment Excessive Force Claims in Correctional Settings

Fourth Circuit Enhances Scrutiny on Eighth Amendment Excessive Force Claims in Correctional Settings

Date: Jul 18, 2014
Fourth Circuit Enhances Scrutiny on Eighth Amendment Excessive Force Claims in Correctional Settings Introduction In the landmark case Anthony L. Mann v. Various Defendants, the United States Court...
Actual Innocence of Sentence Does Not Override AEDPA's §2255(f)(4) Time Limitation: United States v. Torrance Jones

Actual Innocence of Sentence Does Not Override AEDPA's §2255(f)(4) Time Limitation: United States v. Torrance Jones

Date: Jul 15, 2014
Actual Innocence of Sentence Does Not Override AEDPA's §2255(f)(4) Time Limitation: United States v. Torrance Jones Introduction In the landmark case of United States v. Torrance Jones, the United...
Fourth Circuit Expands Alien Tort Statute Jurisdiction: Al Shimari v. CACI Premier Technology

Fourth Circuit Expands Alien Tort Statute Jurisdiction: Al Shimari v. CACI Premier Technology

Date: Jul 1, 2014
Fourth Circuit Expands Alien Tort Statute Jurisdiction: Al Shimari v. CACI Premier Technology Introduction The case of Suhail Najim Abdullah Al Shimari et al. v. CACI Premier Technology, Inc. et al....
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