4th Circuit Case Commentaries

Affirmation of Firearm Possession Prohibition for Domestic Violence Misdemeanants: Harley v. Wilkinson

Date: Feb 23, 2021

Affirmation of Firearm Possession Prohibition for Domestic Violence Misdemeanants: Harley v. Wilkinson Introduction Harley v. Wilkinson (988 F.3d 766) is a significant appellate decision from the...

Reaffirmed Liability under the False Claims Act for Anti-Kickback Statute Violations in Commission-Based Agreements

Date: Feb 23, 2021

Reaffirmed Liability under the False Claims Act for Anti-Kickback Statute Violations in Commission-Based Agreements Introduction This commentary examines the landmark decision in United States of...

JELD-WEN Divestiture in Antitrust Litigation: A New Precedent in the Fourth Circuit

Date: Feb 19, 2021

JELD-WEN Divestiture in Antitrust Litigation: A New Precedent in the Fourth Circuit Introduction In the landmark case of Steves and Sons, Inc. v. Jeld-Wen, Inc., the United States Court of Appeals...

Affirmation of Search Warrants in Franks Challenge: United States v. Pulley Commentary

Date: Feb 11, 2021

Affirmation of Search Warrants in Franks Challenge: United States v. Pulley (987 F.3d 370) Introduction In United States v. Pulley, 987 F.3d 370 (4th Cir. 2021), the United States Court of Appeals...

Affirmation of Summary Judgment in Employment Discrimination and Defamation Case: Jones v. Lowe's Companies, Inc.

Date: Feb 10, 2021

Affirmation of Summary Judgment in Employment Discrimination and Defamation Case: Jones v. Lowe's Companies, Inc. Introduction The case of Michael Jones v. Lowe's Companies, Inc. was adjudicated in...

Clayland v. Talbot County: Affirming Regulatory Zoning Authority under Takings and Due Process Clauses

Date: Feb 9, 2021

Clayland v. Talbot County: Affirming Regulatory Zoning Authority under Takings and Due Process Clauses Introduction Clayland Farm Enterprises, LLC v. Talbot County is a landmark case decided by the...

Familial Ties as a Protected Social Group in Asylum Claims: Argueta Diaz de Gomez v. Wilkinson

Date: Feb 9, 2021

Familial Ties as a Protected Social Group in Asylum Claims: Argueta Diaz de Gomez v. Wilkinson Introduction The case of Anita Elizabeth Argueta Diaz de Gomez v. Robert M. Wilkinson examines...

Affirmed in Part: Unconstitutional Enforcement of Stop and Identify Statutes Established

Date: Feb 5, 2021

Affirmed in Part: Unconstitutional Enforcement of Stop and Identify Statutes Established Introduction The case of George Wingate, Plaintiff - Appellant, v. Scott Fulford; Dimas Pinzon, Defendants -...

Fourth Circuit Establishes Laches as the Appropriate Defense for Lanham Act §43(a) Claims

Date: Feb 3, 2021

Fourth Circuit Establishes Laches as the Appropriate Defense for Lanham Act §43(a) Claims Introduction In the landmark case of Belmora LLC v. Bayer Consumer Care AG, the United States Court of...

Fourth Circuit Clarifies Standing and Contract Interpretation in GPO Agreements

Date: Feb 2, 2021

Fourth Circuit Clarifies Standing and Contract Interpretation in GPO Agreements Introduction In the case of Foodbuy, LLC v. Gregory Packaging, Inc. (987 F.3d 102), the United States Court of Appeals...

Fourth Circuit Establishes Precedent on the Evidentiary Value of Verified Complaints and the Necessity of Adequate Discovery Before Summary Judgment in Excessive Force Claims

Date: Jan 29, 2021

Fourth Circuit Establishes Precedent on the Evidentiary Value of Verified Complaints and the Necessity of Adequate Discovery Before Summary Judgment in Excessive Force Claims Introduction In the...

Clarifying Franks Hearing Standards and Sentencing Enhancements in Sex Trafficking: United States v. Haas

Date: Jan 28, 2021

Clarifying Franks Hearing Standards and Sentencing Enhancements in Sex Trafficking: United States v. Haas Introduction The case of United States of America v. Richard Todd Haas, adjudicated by the...

Mootness Doctrine in Preliminary Injunction Appeals: Insights from Fleet Feet v. Nike

Date: Jan 27, 2021

Mootness Doctrine in Preliminary Injunction Appeals: Insights from Fleet Feet v. Nike Introduction The case of Fleet Feet, Inc. v. Nike, Inc. (986 F.3d 458) adjudicated by the United States Court of...

Fourth Circuit Clarifies 'Particular Social Group' Boundaries for Former Gang Members in Withholding of Removal Cases

Date: Jan 26, 2021

Fourth Circuit Clarifies 'Particular Social Group' Boundaries for Former Gang Members in Withholding of Removal Cases Introduction The case of Juan Carlos Amaya v. Jeffrey A. Rosen, Acting Attorney...

Fourth Circuit Mandates Individualized Explanations for Sentence Reductions under the First Step Act

Date: Jan 23, 2021

Fourth Circuit Mandates Individualized Explanations for Sentence Reductions under the First Step Act Introduction The case of United States of America v. Timothy Gerrell McDonald, Anthony Ballard,...

Refining Employment Restrictions in Supervised Release: Insights from Hamilton v. United States

Date: Jan 23, 2021

Refining Employment Restrictions in Supervised Release: Insights from Hamilton v. United States Introduction The case of United States of America v. Paul Glen Hamilton, Jr. (986 F.3d 413) presents a...

United States v. Bethea: First Step Act's Application to Vacated Sentences and Appeal Waivers

Date: Jan 22, 2021

United States v. Bethea: First Step Act's Application to Vacated Sentences and Appeal Waivers Introduction United States of America v. Rayco Bethea, 841 F. App'x 544 (4th Cir. 2021), is a pivotal...

Dowling v. SSA: Reinforcing Standards for Weighing Treating Physician Opinions in Disability Determinations

Date: Jan 22, 2021

Dowling v. Social Security Administration: Reinforcing Standards for Weighing Treating Physician Opinions in Disability Determinations Introduction Lakenisha Dowling v. Commissioner of Social...

Affirmation of Forfeiture and Sentencing Discretion in Financial Fraud Cases: Bennett v. United States

Date: Jan 22, 2021

Affirmation of Forfeiture and Sentencing Discretion in Financial Fraud Cases: Bennett v. United States Introduction Bennett v. United States, 986 F.3d 389 (4th Cir. 2021) is a pivotal appellate court...

Employment Status of Law Firm Partners under Title VII: Insights from Shawna Cannon Lemon v. Myers Bigel

Date: Jan 20, 2021

Employment Status of Law Firm Partners under Title VII: Insights from Shawna Cannon Lemon v. Myers Bigel Introduction The case of Shawna Cannon Lemon v. Myers Bigel (985 F.3d 392) offers a...