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  • Commentaries
  • Judgments

4th Circuit Case Commentaries

“Ratification Trumps Procedure” – Fourth Circuit Clarifies that Homeowners May Cure an Unauthorized Referendum by Subsequent Vote

“Ratification Trumps Procedure” – Fourth Circuit Clarifies that Homeowners May Cure an Unauthorized Referendum by Subsequent Vote

Date: Aug 14, 2025
“Ratification Trumps Procedure” – Fourth Circuit Clarifies that Homeowners May Cure an Unauthorized Referendum by Subsequent Vote 1. Introduction In Jill K. Jinks v. Community Services Associates...
“The Jinks Ratification Rule” – When a Super-Majority Vote Cures Procedural Defects in Community Covenant Amendments

“The Jinks Ratification Rule” – When a Super-Majority Vote Cures Procedural Defects in Community Covenant Amendments

Date: Aug 14, 2025
“The Jinks Ratification Rule” – When a Super-Majority Vote Cures Procedural Defects in Community Covenant Amendments Introduction In Jill K. Jinks v. Sea Pines Resort LLC, Nos. 22-2013 & 22-2056 (4th...
No Duty Without the Dike: Fourth Circuit Re-Affirms Plain-Language Contract Enforcement in Infrastructure-License Agreements

No Duty Without the Dike: Fourth Circuit Re-Affirms Plain-Language Contract Enforcement in Infrastructure-License Agreements

Date: Aug 14, 2025
No Duty Without the Dike: Fourth Circuit Re-Affirms Plain-Language Contract Enforcement in Infrastructure-License Agreements 1. Introduction Jimmy Edwards v. CSX Transportation, Inc., No. 23-1909...
No Preclusion, No Standing: The Fourth Circuit’s Redressability Rule for Declaratory Relief in Wells v. Johnson

No Preclusion, No Standing: The Fourth Circuit’s Redressability Rule for Declaratory Relief in Wells v. Johnson

Date: Aug 14, 2025
No Preclusion, No Standing: The Fourth Circuit’s Redressability Rule for Declaratory Relief in Wells v. Johnson Introduction In August 2025 the United States Court of Appeals for the Fourth Circuit...
“Raiding” Redefined: Fourth Circuit Narrows the Broker Protocol Exception and Affirms Contractual Supremacy in Salomon & Ludwin, LLC v. Winters

“Raiding” Redefined: Fourth Circuit Narrows the Broker Protocol Exception and Affirms Contractual Supremacy in Salomon & Ludwin, LLC v. Winters

Date: Aug 14, 2025
“Raiding” Redefined: Fourth Circuit Narrows the Broker Protocol Exception and Affirms Contractual Supremacy in Salomon & Ludwin, LLC v. Jeremiah Winters 1. Introduction The United States Court of...
United States v. Perez: The Fourth Circuit Re-draws the Fact–Law Line for “Special Territorial Jurisdiction”

United States v. Perez: The Fourth Circuit Re-draws the Fact–Law Line for “Special Territorial Jurisdiction”

Date: Aug 14, 2025
United States v. Perez: The Fourth Circuit Re-draws the Fact–Law Line for “Special Territorial Jurisdiction” 1. Introduction United States v. Jesse Fernando Perez, No. 24-4039 (4th Cir. Aug. 12...
Discretion, Not Obligation: The Fourth Circuit Clarifies the Scope of De Novo Resentencing Under the Mandate Rule — Commentary on United States v. Robert Benton, Jr. (4th Cir. 2025)

Discretion, Not Obligation: The Fourth Circuit Clarifies the Scope of De Novo Resentencing Under the Mandate Rule — Commentary on United States v. Robert Benton, Jr. (4th Cir. 2025)

Date: Aug 14, 2025
Discretion, Not Obligation: The Fourth Circuit Clarifies the Scope of De Novo Resentencing Under the Mandate Rule — Commentary on United States v. Robert Benton, Jr. (4th Cir. 2025) 1. Introduction...
United States v. Benton, Jr.: Fourth Circuit Clarifies Sentencing-Remand Discretion Under the Mandate Rule

United States v. Benton, Jr.: Fourth Circuit Clarifies Sentencing-Remand Discretion Under the Mandate Rule

Date: Aug 14, 2025
United States v. Benton, Jr.: Fourth Circuit Clarifies Sentencing-Remand Discretion Under the Mandate Rule Introduction In United States v. Robert Benton, Jr., Nos. 23-4009 & 23-6019 (4th Cir. Aug....
Gardner v. IAM: The Fourth Circuit Adopts a “Reasonable-Notice” Test for § 501(b) Union-Member Demands

Gardner v. IAM: The Fourth Circuit Adopts a “Reasonable-Notice” Test for § 501(b) Union-Member Demands

Date: Aug 14, 2025
Gardner v. International Association of Machinists (4th Cir. 2025) Establishing the “Reasonable-Notice” Standard for § 501(b) Demands I. Introduction In Sandra Gardner v. International Association of...
“Silence Speaks”: Fourth Circuit Confirms that Omitted Words in Parallel Insurance Exclusions Preserve Coverage for Negligent Entrustment & Interest Beyond Policy Limits

“Silence Speaks”: Fourth Circuit Confirms that Omitted Words in Parallel Insurance Exclusions Preserve Coverage for Negligent Entrustment & Interest Beyond Policy Limits

Date: Aug 13, 2025
“Silence Speaks”: Fourth Circuit Confirms that Omitted Words in Parallel Insurance Exclusions Preserve Coverage for Negligent Entrustment & Interest Beyond Policy Limits Introduction The unpublished...
United States v. Stull: Fourth Circuit Clarifies the Defendant’s Burden of Showing Prejudice for Rule 11 Omissions on Plain-Error Review

United States v. Stull: Fourth Circuit Clarifies the Defendant’s Burden of Showing Prejudice for Rule 11 Omissions on Plain-Error Review

Date: Aug 13, 2025
United States v. Stull: Fourth Circuit Clarifies the Defendant’s Burden of Showing Prejudice for Rule 11 Omissions on Plain-Error Review Introduction United States v. Jerry Stull, No. 24-4340 (4th...
Piecemeal Action ≠ Reasonable Action: The Fourth Circuit’s Expansion of “Deliberate Indifference” under Title IX in Sage Blair v. Appomattox County School Board

Piecemeal Action ≠ Reasonable Action: The Fourth Circuit’s Expansion of “Deliberate Indifference” under Title IX in Sage Blair v. Appomattox County School Board

Date: Aug 13, 2025
Piecemeal Action ≠ Reasonable Action: The Fourth Circuit’s Expansion of “Deliberate Indifference” under Title IX in Sage Blair v. Appomattox County School Board Introduction The United States Court...
United States v. Terry: Post-Bruen Reaffirmation of § 922(g)(1) Constitutionality and Clarification of Sentencing-Explanation Duties

United States v. Terry: Post-Bruen Reaffirmation of § 922(g)(1) Constitutionality and Clarification of Sentencing-Explanation Duties

Date: Aug 13, 2025
United States v. Terry: Post-Bruen Reaffirmation of § 922(g)(1) Constitutionality and Clarification of Sentencing-Explanation Duties 1. Introduction United States v. Charod Terron Terry, an...
“Interstate Domestic Violence Ends at Death” – A Fourth-Circuit Limitation on § 2261 and on the Use-of-Fire Enhancement

“Interstate Domestic Violence Ends at Death” – A Fourth-Circuit Limitation on § 2261 and on the Use-of-Fire Enhancement

Date: Aug 13, 2025
“Interstate Domestic Violence Ends at Death” – A Fourth-Circuit Limitation on 18 U.S.C. § 2261 and Confining the § 844(h)(1) Use-of-Fire Enhancement 1. Introduction In United States v. Lawrence...
The “Collective-Injury” Doctrine: A New Limitation on Smith Allocation in South Carolina Set-Off Law – Commentary on W.S. v. Cassandra Daniels, 4th Cir. (2025)

The “Collective-Injury” Doctrine: A New Limitation on Smith Allocation in South Carolina Set-Off Law – Commentary on W.S. v. Cassandra Daniels, 4th Cir. (2025)

Date: Aug 13, 2025
The “Collective-Injury” Doctrine: A New Limitation on Smith Allocation in South Carolina Set-Off Law Commentary on W.S. v. Cassandra Daniels, et al. United States Court of Appeals for the Fourth...
“Collective Injury” Supplants Smith Allocation: The Fourth Circuit’s Affirmance of a Full Set-Off in W.S. v. Cassandra Daniels

“Collective Injury” Supplants Smith Allocation: The Fourth Circuit’s Affirmance of a Full Set-Off in W.S. v. Cassandra Daniels

Date: Aug 13, 2025
“Collective Injury” Supplants Smith Allocation: The Fourth Circuit’s Affirmance of a Full Set-Off in W.S. v. Cassandra Daniels Introduction The Fourth Circuit’s unpublished opinion in W.S. v....
Clarifying the Nexus Requirement: Aquino-Menendez v. Bondi and the Limits of Particular-Social-Group Claims in Gang-Based Persecution

Clarifying the Nexus Requirement: Aquino-Menendez v. Bondi and the Limits of Particular-Social-Group Claims in Gang-Based Persecution

Date: Aug 13, 2025
Clarifying the Nexus Requirement: Aquino-Menendez v. Bondi and the Limits of Particular-Social-Group Claims in Gang-Based Persecution Introduction In Blanca Aquino-Menendez v. Pamela Bondi, the...
No Duty Beyond Article 4A: Fourth Circuit Clarifies Banks’ Liability for Elder Wire-Fraud – Commentary on Satterfield v. Wells Fargo Bank, N.A. (4th Cir. 2025)

No Duty Beyond Article 4A: Fourth Circuit Clarifies Banks’ Liability for Elder Wire-Fraud – Commentary on Satterfield v. Wells Fargo Bank, N.A. (4th Cir. 2025)

Date: Aug 13, 2025
No Duty Beyond Article 4A: Fourth Circuit Clarifies Banks’ Liability for Elder Wire-Fraud (Commentary on Janine Satterfield v. Wells Fargo Bank, N.A., 4th Cir. 2025) 1. Introduction The Fourth...
Bell v. Streeval: Fourth Circuit Retires the Jones–Wheeler–Young Saving-Clause Doctrine After Jones v. Hendrix

Bell v. Streeval: Fourth Circuit Retires the Jones–Wheeler–Young Saving-Clause Doctrine After Jones v. Hendrix

Date: Aug 13, 2025
Bell v. Streeval: Fourth Circuit Retires the Jones / Wheeler / Young Saving-Clause Doctrine After Jones v. Hendrix I. Introduction Jason Tyann Bell, a federal inmate sentenced in 2003 under the...
“CT-Scan Supremacy”: Potomac Coal Co. v. DOWCP and the Fourth Circuit’s Clarification on Establishing Complicated Pneumoconiosis Under 20 C.F.R. § 718.304

“CT-Scan Supremacy”: Potomac Coal Co. v. DOWCP and the Fourth Circuit’s Clarification on Establishing Complicated Pneumoconiosis Under 20 C.F.R. § 718.304

Date: Aug 12, 2025
“CT-Scan Supremacy”: Potomac Coal Co. v. DOWCP and the Fourth Circuit’s Clarification on Establishing Complicated Pneumoconiosis Under 20 C.F.R. § 718.304 1. Introduction Potomac Coal Company v....
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