4th Circuit Case Commentaries

Broad Interpretation of "Controlled Substance Offense" Under Federal Sentencing Guidelines Affirmed in United States v. Ward

Date: Aug 21, 2020

Broad Interpretation of "Controlled Substance Offense" Under Federal Sentencing Guidelines Affirmed in United States v. Ward Introduction United States v. Timothy A. Ward is a pivotal case...

Navy Federal Credit Union v. LTD Financial Services: Expanding Diversity Jurisdiction for Federally Chartered Corporations

Date: Aug 21, 2020

Navy Federal Credit Union v. LTD Financial Services: Expanding Diversity Jurisdiction for Federally Chartered Corporations Introduction Navy Federal Credit Union v. LTD Financial Services, LP (972...

Fourth Circuit Reaffirms Conspiratorial Know-How in Money Laundering and Wire Fraud Cases

Date: Aug 18, 2020

Fourth Circuit Reaffirms Conspiratorial Know-How in Money Laundering and Wire Fraud Cases Introduction The case of United States of America v. Brenda Millender represents a significant decision by...

Affirmation of Arbitration Awards Under the "Manifest Disregard" Standard: Insights from Interactive Brokers LLC v. Saroop et al.

Date: Aug 13, 2020

Affirmation of Arbitration Awards Under the "Manifest Disregard" Standard: Insights from Interactive Brokers LLC v. Saroop et al. Introduction In the landmark case of Interactive Brokers LLC v....

Enhanced Particularity Standards for Digital Searches: United States v. Cobb

Date: Aug 12, 2020

Enhanced Particularity Standards for Digital Searches: United States v. Cobb Introduction In the case of United States of America v. James Timothy Cobb, adjudicated by the United States Court of...

Affirmation of Dismissal in Retaliation Claim Under Equal Protection Clause

Date: Aug 12, 2020

Affirmation of Dismissal in Retaliation Claim Under Equal Protection Clause Introduction The case of Colette Marie Wilcox v. Nathan H. Lyons, Esq.; Phillip C. Steele, Esq.; Carroll County, Virginia...

Fourth Circuit Sets New Precedent on §1983 Malicious Prosecution Claims Under Nolle Prossed Dismissals

Date: Aug 11, 2020

Fourth Circuit Sets New Precedent on §1983 Malicious Prosecution Claims Under Nolle Prossed Dismissals Introduction In the case of Robert Salley v. Officer Paul Myers, adjudicated by the United...

Broad Enforcement of Arbitration Agreements in Affiliate Relationships: Mey v. DIRECTV Establishes Expansive Scope

Date: Aug 8, 2020

Broad Enforcement of Arbitration Agreements in Affiliate Relationships: Mey v. DIRECTV Establishes Expansive Scope Introduction In Mey v. DIRECTV, LLC, 971 F.3d 284 (4th Cir. 2020), the United States...

Upholding DHS's Expanded 'Public Charge' Standards: A Comprehensive Analysis of CASA de Maryland, Inc. v. Trump

Date: Aug 6, 2020

Upholding DHS's Expanded 'Public Charge' Standards: A Comprehensive Analysis of CASA de Maryland, Inc. v. Trump Introduction The case of CASA de Maryland, Inc.; Angel Aguiluz; Monica Camacho Perez v....

Affirmation of Underinsured Motorist Coverage for Class One Insureds under North Carolina Act

Date: Aug 5, 2020

Affirmation of Underinsured Motorist Coverage for Class One Insureds under North Carolina Act Introduction The case of David Todd Vincent and Susan T. Vincent v. Amco Insurance Company represents a...

Atlantic Guns v. Maryland: Establishing Third-Party Standing in Second Amendment Challenges

Date: Aug 4, 2020

Atlantic Guns v. Maryland: Establishing Third-Party Standing in Second Amendment Challenges Introduction The case of Maryland Shall Issue, Incorporated; Atlantic Guns, Incorporated; Deborah Kay...

Ballengee v. CBS Broadcasting: Upholding the Substantial Truth in Defamation Claims

Date: Aug 4, 2020

Ballengee v. CBS Broadcasting: Upholding the Substantial Truth in Defamation Claims Introduction In the landmark case Samuel R. Ballengee v. CBS Broadcasting, Inc., the United States Court of Appeals...

Fourth Circuit Establishes Enhanced Scrutiny for ALJs Considering Prior Medicaid Disability Determinations

Date: Jul 31, 2020

Fourth Circuit Establishes Enhanced Scrutiny for ALJs Considering Prior Medicaid Disability Determinations Introduction In the case of Harold L. Kiser v. Andrew Saul, Commissioner of Social Security,...

Affirmation of Timeliness Limits on §4248 Civil Commitment: United States v. Wayda

Date: Jul 28, 2020

Affirmation of Timeliness Limits on §4248 Civil Commitment: United States v. Wayda Introduction In United States v. Wayda, 966 F.3d 294 (4th Cir. 2020), the United States Court of Appeals for the...

Fourth Circuit Upholds Probationers' Right to Counsel and Due Process in Habeas Corpus Petitions: Farabee v. Clarke

Date: Jul 23, 2020

Fourth Circuit Upholds Probationers' Right to Counsel and Due Process in Habeas Corpus Petitions: Farabee v. Clarke Introduction Brian Damon Farabee, a petitioner with a longstanding history of...

Fourth Circuit Affirms Unenforceability of Tribal Arbitration Agreements as Prospective Waivers of Statutory Rights

Date: Jul 22, 2020

Fourth Circuit Affirms Unenforceability of Tribal Arbitration Agreements as Prospective Waivers of Statutory Rights Introduction In the case of Darlene Gibbs; Stephanie Edwards; Lula Williams;...

Enforceability of Arbitration Agreements with Choice-of-Law Provisions in Tribal Lending: Fourth Circuit Upholds Prospective Waiver Doctrine

Date: Jul 22, 2020

Enforceability of Arbitration Agreements with Choice-of-Law Provisions in Tribal Lending: Fourth Circuit Upholds Prospective Waiver Doctrine Introduction In Gibbs et al. v. Sequoia Capital...

Employment Rights of Disabled Inmates under Title II ADA: Fauconier v. Clarke Analysis

Date: Jul 21, 2020

Employment Rights of Disabled Inmates under Title II ADA: Fauconier v. Clarke Analysis Introduction Fauconier v. Clarke is a pivotal case adjudicated by the United States Court of Appeals for the...

Exigent Circumstances Doctrine Reinforced in United States v. Curry

Date: Jul 16, 2020

Exigent Circumstances Doctrine Reinforced in United States v. Curry Introduction In United States v. Curry, 965 F.3d 313 (4th Cir. 2020), the United States Court of Appeals for the Fourth Circuit...

Establishing Limitations on Bivens Extensions and Qualified Immunity in Fourth Amendment Claims

Date: Jul 15, 2020

Establishing Limitations on Bivens Extensions and Qualified Immunity in Fourth Amendment Claims Introduction The case of Nathaniel Hicks v. Officer Gerald L. Ferreyra addresses critical issues...