Retroactive OFAC Licensing Validates Trademark Renewal Fees and Preserves Timely Lanham Act Renewals Introduction Bacardi and Company Limited v. John Squires (4th Cir. June 16, 2026) is the latest...
Fourth Circuit: Comparator-Based Title VII Pleadings Must Allege Truly Similar Misconduct—Generalized Social-Media Comparisons Cannot Make Discriminatory Discharge “Plausible” Introduction In Maan...
Title VII Plausibility Requires “Like-for-Like” Comparators (Including Insubordination) When Termination Follows Social-Media Policy Violations I. Introduction In Maan Aljizzani v. Middle East...
Fourth Circuit Requires Claim-Element Specificity in Rule 23 Predominance/Commonality; General “Unpaid Work” Policies and Overbroad Class Definitions Won’t Suffice I. Introduction Case: Thomas...
CVRA Restitution Mandamus: “Closely Related” Harm Requirement and the Need for a Proper § 3771(d)(3) Motion Case: In re: Eleonora Zetteler, LLM (4th Cir. June 13, 2026) (unpublished) Court: United...
Incorporation-by-Reference Conditions and Reasoned Predictions of Compliance Defeat a Stay of Virginia’s Water Quality Certification 1. Introduction In Dan River Basin Association v. Virginia...
Strong Likelihood-of-Success Required to Stay a State Clean Water Act §401 Certification; Application Commitments May Be Enforceable When Incorporated by Reference I. Introduction Case: Sierra Club...
Controlled Affiliate Is Not a “Third Party,” and a Time-Limited SPE Cannot “Assume” a 99-Year Ground Lease Under § 19 Estoppel Release Language Case: Rock Spring Plaza, II, LLC v. Investors Warranty...
Virginia Respondeat Superior at the Pleading Stage: The Morgan/Parker Presumption Must Be Applied Unless the Complaint Clearly Self-Refutes Case: Ian Auckland v. Gilead Sciences, Inc. (No. 25-1933) |...
Powder-and-Circumstances Suffice for 18 U.S.C. § 1038(a)(1) Hoax “Chemical” Threats Without Explicit Chemical Language; Chain-of-Custody Gaps Do Not Bar Admission Absent Tampering Introduction In...
Limited Remand to Correct Statutory-Maximum Errors Does Not Reopen Restitution or Require a New Resentencing Hearing Under the Mandate Rule Introduction In United States v. John Battle (4th Cir. June...
Disciplinary Referrals Alone May Not Provide Title VII Notice of Student-on-Teacher Harassment in Alternative Schools Case: Shelly Hudson v. Charleston County School District (4th Cir. June 9, 2026)...
“Whenever Made” Means What It Says: Broad Related-Claims Clauses Treat Later Suits as One Claim First Made in the Earliest Policy Period Case: Navigators Specialty Insurance Company v. Avertest, LLC...
Equitable Tolling of Untimely Motions to Reopen Requires Fact-Specific Proof of Reasonable Diligence; No Remand for Alleged Sua Sponte Reopening Error Where Removability Is Certain After Intervening...
Odor of Marijuana and Flight Establish Probable Cause to Search a Vehicle’s Trunk; Within-Guidelines Sentences Need Not “Robotically Tick Through” § 3553(a) Introduction In United States v. Melvin...
Home Detention Must Substitute One-for-One for Imprisonment and Cannot Push Revocation Punishment Beyond § 3583(e)(3)’s Maximum Case: United States v. Mariel Watson (4th Cir. June 8, 2026)...
United States v. Goode: Forfeiture of Appeal-Waiver Enforcement After Merits Litigation; North Carolina Second-Degree Murder as an ACCA Violent Felony Introduction In United States v. Aaron Albert...
Rule 37(c)(1) Mandatory Exclusion for Undisclosed Damages: A Rebuttal Expert Report Cannot Backfill Rule 26(a) Computations 1. Introduction In Deque Systems Inc. v. Browserstack, Inc. (4th Cir. June...
Rule 9(b) Demands “How” FCA Claims Are False: wRVU Productivity Pay and Provider-Based Subsidies Don’t Plead Stark/AKS Violations Without Referral-Linked Remuneration I. Introduction In United States...
Federal Courts’ Duty and Power to Order Systemwide Institutional Reform Injunctions for Foster-Care Rights Violations Case: Jonathan R. v. Patrick Morrisey (consolidated Nos. 25-1232 & 25-1239), U.S....