4th Circuit Case Commentaries

Fourth Circuit Affirms Strict Enforcement of Pretrial Disclosure and Evidentiary Rules in Employment Discrimination and Contract Breach Appeal

Date: Jan 20, 2021

Fourth Circuit Affirms Strict Enforcement of Pretrial Disclosure and Evidentiary Rules in Employment Discrimination and Contract Breach Appeal Introduction In the case of Saul Hillel Benjamin v....

Fourth Circuit Sets Boundaries on Judicial Review of DHS U-Visa Work Authorizations and Waiting List Delays

Date: Jan 15, 2021

Fourth Circuit Sets Boundaries on Judicial Review of DHS U-Visa Work Authorizations and Waiting List Delays Introduction In the case of Ansberto Fernandez Gonzalez et al. v. Kenneth T. Cuccinelli,...

Fourth Circuit Establishes First Amendment Right to Videophone Access for Deaf Inmates

Date: Jan 14, 2021

Fourth Circuit Establishes First Amendment Right to Videophone Access for Deaf Inmates Introduction The case of Thomas Heyer v. United States Bureau of Prisons addresses the constitutional rights of...

Application of the Youngberg Standard for Adequate Mental Health Care in Juvenile Detention Facilities

Date: Jan 13, 2021

Application of the Youngberg Standard for Adequate Mental Health Care in Juvenile Detention Facilities Introduction In the landmark case of John Doe 4 v. Shenandoah Valley Juvenile Center Commission,...

Oral Pronouncement of Supervised Release Conditions: Establishing the Rogers Precedent

Date: Jan 13, 2021

Oral Pronouncement of Supervised Release Conditions: Establishing the Rogers Precedent Introduction The case of United States of America v. Christopher Rayquaz Singletary (984 F.3d 341) represents a...

Fourth Circuit Reaffirms FDA Preemption of State Fraud Claims in Pharmaceutical Labeling: Knight v. Boehringer Ingelheim

Date: Jan 7, 2021

Fourth Circuit Reaffirms FDA Preemption of State Fraud Claims in Pharmaceutical Labeling: Knight v. Boehringer Ingelheim Introduction In the case of Claude R. Knight; Claudia Stevens, individually...

Affirmation of Summary Judgment in Title VII Retaliation and Hostile Work Environment Claims: The Johnson v. UPS Decision

Date: Jan 6, 2021

Affirmation of Summary Judgment in Title VII Retaliation and Hostile Work Environment Claims: The Johnson v. UPS Decision Introduction The case of Khalilah Johnson v. United Parcel Service, Inc....

Dean v. Jones: A Landmark Decision on Excessive Force and Qualified Immunity under the Eighth Amendment

Date: Jan 5, 2021

Dean v. Jones: A Landmark Decision on Excessive Force and Qualified Immunity under the Eighth Amendment Introduction Dean v. Jones is a pivotal case adjudicated by the United States Court of Appeals...

Reevaluating Franchise Contracts: Insights from JTH Tax, Inc. v. Aime

Date: Jan 5, 2021

Reevaluating Franchise Contracts: Insights from JTH Tax, Inc. v. Aime Introduction The case of JTH Tax, Inc., d/b/a Liberty Tax Service; SiempreTax+ LLC v. Gregory Aime; underscores the complexities...

Runyon v. United States: Enhancing Standards for Defense Counsel's Investigation of Mitigating Evidence in Capital Sentencing

Date: Dec 24, 2020

Runyon v. United States: Enhancing Standards for Defense Counsel's Investigation of Mitigating Evidence in Capital Sentencing Introduction Runyon v. United States, 994 F.3d 192 (4th Cir. 2020),...

Fourth Circuit Upholds 2015 H-2B Visa Program and Wage Regulations While Limiting Challenges to Prior Rules

Date: Dec 19, 2020

Fourth Circuit Upholds 2015 H-2B Visa Program and Wage Regulations While Limiting Challenges to Prior Rules Introduction The case of Outdoor Amusement Business Association, Inc. et al. v. Department...

Establishing Third-Party Beneficiary Rights and Federal Preemption in Flood Mitigation Contracts: Edwards v. CSX Transportation

Date: Dec 16, 2020

Establishing Third-Party Beneficiary Rights and Federal Preemption in Flood Mitigation Contracts: Edwards v. CSX Transportation Introduction In Edwards et al. v. CSX Transportation, Inc., the United...

Fourth Circuit Upholds Cumulative Sentencing Under 18 U.S.C. §§924(c) and §924(j) Without Double Jeopardy Violation

Date: Dec 16, 2020

Fourth Circuit Upholds Cumulative Sentencing Under 18 U.S.C. §§924(c) and §924(j) Without Double Jeopardy Violation Introduction In the case of United States of America v. Israel Ernesto Palacios,...

Proper Evaluation of Subjective Symptoms in Social Security Disability Claims: Esin Arakas v. Commissioner

Date: Dec 15, 2020

Proper Evaluation of Subjective Symptoms in Social Security Disability Claims: Esin Arakas v. Commissioner Introduction In the case of Esin E. Arakas v. Commissioner, Social Security Administration...

Discretionary Function Exception Reinforced in Immigration Enforcement: Blanco Ayala v. United States

Date: Dec 3, 2020

Discretionary Function Exception Reinforced in Immigration Enforcement: Blanco Ayala v. United States Introduction In the landmark case Juan Carlos Blanco Ayala v. United States, the United States...

Fourth Circuit Upholds Compassionate Release for Defendants Under Pre-First Step Act §924(c)

Date: Dec 3, 2020

Fourth Circuit Upholds Compassionate Release for Defendants Under Pre-First Step Act §924(c) Introduction In the landmark decision United States of America v. Thomas F. McCoy et al., the United...

Reaffirming Legislative Good Faith in Voter-ID Laws: Insights from the Fourth Circuit's Decision in NAACP v. Raymond et al.

Date: Dec 3, 2020

Reaffirming Legislative Good Faith in Voter-ID Laws: Insights from the Fourth Circuit's Decision in NAACP v. Raymond et al. Introduction In the landmark case NORTH CAROLINA STATE CONFERENCE OF THE...

Clarifying the 7(i) Exemption: Automatic Gratuities and Tip Pool Validity under the FLSA

Date: Nov 25, 2020

Clarifying the 7(i) Exemption: Automatic Gratuities and Tip Pool Validity under the FLSA Introduction The case of Wai Man Tom, Plaintiff - Appellant, and Brandon Kelly v. Hospitality Ventures LLC et...

Appointments Clause Challenges in Social Security Disability Claims: No Exhaustion Requirement

Date: Nov 21, 2020

Appointments Clause Challenges in Social Security Disability Claims: No Exhaustion Requirement Introduction The case of Lisa Probst and Sharron Bradshaw v. Andrew Saul, Commissioner of Social...

Murphy-Brown Decision Establishes Standards for Admitting Parent Company Financials in Nuisance Cases

Date: Nov 20, 2020

Murphy-Brown Decision Establishes Standards for Admitting Parent Company Financials in Nuisance Cases Introduction The case of Joyce McKiver et al. v. Murphy-Brown, LLC was adjudicated by the United...