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  • Commentaries
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4th Circuit Case Commentaries

Chilling Effect of Professional Regulation on Free Speech: Ste v. Cooksey

Chilling Effect of Professional Regulation on Free Speech: Ste v. Cooksey

Date: Jun 28, 2013
Chilling Effect of Professional Regulation on Free Speech: Ste v. Cooksey Introduction In Ste v. Cooksey, 721 F.3d 226 (4th Cir. 2013), the United States Court of Appeals for the Fourth Circuit...
Eleventh Amendment Protections Reinforced in Garnishment Actions Against States

Eleventh Amendment Protections Reinforced in Garnishment Actions Against States

Date: Jun 27, 2013
Eleventh Amendment Protections Reinforced in Garnishment Actions Against States Introduction In the landmark case of Carpenters Pension Fund of Baltimore, Maryland v. Maryland Department of Health...
Consolidated Sentences and Career Offender Enhancement: United States v. Davis

Consolidated Sentences and Career Offender Enhancement: United States v. Davis

Date: Jun 25, 2013
Consolidated Sentences and Career Offender Enhancement: United States v. Davis Introduction United States of America v. Zavier Marquis Davis (720 F.3d 215) is a pivotal case adjudicated by the United...
Fourth Circuit Establishes Exception to Res Judicata for FSIA §1605A Claims Against Foreign State Sponsors of Terrorism

Fourth Circuit Establishes Exception to Res Judicata for FSIA §1605A Claims Against Foreign State Sponsors of Terrorism

Date: Jun 21, 2013
Fourth Circuit Establishes Exception to Res Judicata for FSIA §1605A Claims Against Foreign State Sponsors of Terrorism Introduction The case of Jennifer Clodfelter, Indi v. Republic of Sudan (720...
Fourth Circuit Upholds Presumption of Consideration in §3582(c)(2) Motions: United States v. Smalls

Fourth Circuit Upholds Presumption of Consideration in §3582(c)(2) Motions: United States v. Smalls

Date: Jun 20, 2013
Fourth Circuit Upholds Presumption of Consideration in §3582(c)(2) Motions: United States v. Smalls Introduction In United States v. Mitchell Smalls (720 F.3d 193, 4th Cir. 2013), the United States...
Affirmation of FDIC's Holder Status and Limited Evidentiary Role of IRS Form 1099–C in Debt Cancellation: FDIC v. Cashion, 720 F.3d 169 (4th Cir. 2013)

Affirmation of FDIC's Holder Status and Limited Evidentiary Role of IRS Form 1099–C in Debt Cancellation: FDIC v. Cashion, 720 F.3d 169 (4th Cir. 2013)

Date: Jun 20, 2013
Affirmation of FDIC's Holder Status and Limited Evidentiary Role of IRS Form 1099–C in Debt Cancellation: FDIC v. Cashion, 720 F.3d 169 (4th Cir. 2013) Introduction In the case of Federal Deposit...
Daubert Standard Reinforced: District Court Excludes Unreliable Expert Witnesses in C.R. Bard’s Pelvic Mesh Litigation

Daubert Standard Reinforced: District Court Excludes Unreliable Expert Witnesses in C.R. Bard’s Pelvic Mesh Litigation

Date: Jun 15, 2013
Daubert Standard Reinforced: District Court Excludes Unreliable Expert Witnesses in C.R. Bard’s Pelvic Mesh Litigation Introduction In the landmark case In re C.R. Bard, Inc., Pelvic Repair System...
Effective Assistance and the Good-Faith Exception: A Comprehensive Analysis of United States v. Baker

Effective Assistance and the Good-Faith Exception: A Comprehensive Analysis of United States v. Baker

Date: Jun 14, 2013
Effective Assistance and the Good-Faith Exception: A Comprehensive Analysis of United States v. Baker Introduction United States v. Mario N. Baker, 719 F.3d 313 (4th Cir. 2013), presents a critical...
Discovery Rule and Materiality Standards Affirmed for FDCPA Claims in Fourth Circuit

Discovery Rule and Materiality Standards Affirmed for FDCPA Claims in Fourth Circuit

Date: Jun 13, 2013
Discovery Rule and Materiality Standards Affirmed for FDCPA Claims in Fourth Circuit Introduction In the case of Gerald A. Lembach; Debbie L. Lembach, Plaintiffs - Appellants v. Howard Norman...
Involuntary Medication and Trial Competency: Insights from United States v. Frank Chatmon

Involuntary Medication and Trial Competency: Insights from United States v. Frank Chatmon

Date: Jun 11, 2013
Involuntary Medication and Trial Competency: Insights from United States v. Frank Chatmon Introduction The case of United States of America v. Frank Chatmon, decided by the United States Court of...
Westmoreland Coal Co. v. Cochran: Clarifying the Boundaries of Legal Pneumoconiosis under the Black Lung Benefits Act

Westmoreland Coal Co. v. Cochran: Clarifying the Boundaries of Legal Pneumoconiosis under the Black Lung Benefits Act

Date: Jun 5, 2013
Westmoreland Coal Co. v. Cochran: Clarifying the Boundaries of Legal Pneumoconiosis under the Black Lung Benefits Act Introduction The case of Westmoreland Coal Company, Incorporated v. Jarrell D....
Stratton v. Mecklenburg County: Reinforcing Rooker-Feldman and Substantiality Doctrines in Dismissing Frivolous Claims

Stratton v. Mecklenburg County: Reinforcing Rooker-Feldman and Substantiality Doctrines in Dismissing Frivolous Claims

Date: Jun 1, 2013
Stratton v. Mecklenburg County: Reinforcing Rooker-Feldman and Substantiality Doctrines in Dismissing Frivolous Claims Introduction Stratton v. Mecklenburg County Department of Social Services is a...
4th Circuit Rules Virginia's Petition Witness Residency Requirement Unconstitutional Under First Amendment

4th Circuit Rules Virginia's Petition Witness Residency Requirement Unconstitutional Under First Amendment

Date: May 30, 2013
4th Circuit Rules Virginia's Petition Witness Residency Requirement Unconstitutional Under First Amendment Introduction The case of Libertarian Party of Virginia; Darryl Bonner vs. Charles Judd et...
Affirming the Domino's Pizza Precedent: Corporate Standing and Intracorporate Conspiracy in Racial Discrimination Claims – Painter's Mill Grille, LLC v. Brown

Affirming the Domino's Pizza Precedent: Corporate Standing and Intracorporate Conspiracy in Racial Discrimination Claims – Painter's Mill Grille, LLC v. Brown

Date: May 25, 2013
Affirming the Domino's Pizza Precedent: Corporate Standing and Intracorporate Conspiracy in Racial Discrimination Claims – Painter's Mill Grille, LLC v. Brown Introduction In the case of Painter's...
Chapter 13 Bankruptcy and ADA Claims: Affirming Debtors' Standing to Maintain Pre-Petition Discrimination Claims

Chapter 13 Bankruptcy and ADA Claims: Affirming Debtors' Standing to Maintain Pre-Petition Discrimination Claims

Date: May 18, 2013
Chapter 13 Bankruptcy and ADA Claims: Affirming Debtors' Standing to Maintain Pre-Petition Discrimination Claims Introduction In the case of Lamont Wilson v. Dollar General Corporation, the United...
Qualified Immunity and Visitation Rights: A Comprehensive Analysis of Williams v. Ozmint

Qualified Immunity and Visitation Rights: A Comprehensive Analysis of Williams v. Ozmint

Date: May 16, 2013
Qualified Immunity and Visitation Rights: A Comprehensive Analysis of Williams v. Ozmint Introduction Jerome A. Williams v. Jon Ozmint is a pivotal case adjudicated by the United States Court of...
Qualified Immunity in False Arrest Claims Under Virginia's Parental Corporal Punishment Laws: A Fourth Circuit Analysis

Qualified Immunity in False Arrest Claims Under Virginia's Parental Corporal Punishment Laws: A Fourth Circuit Analysis

Date: May 8, 2013
Qualified Immunity in False Arrest Claims Under Virginia's Parental Corporal Punishment Laws: A Fourth Circuit Analysis Introduction In the case of Sloan Pleasants v. Town of Louisa; Robert Rigsby,...
Application of 28 U.S.C. § 1658(a) to USERRA Claims: Baldwin v. City of Greensboro

Application of 28 U.S.C. § 1658(a) to USERRA Claims: Baldwin v. City of Greensboro

Date: May 7, 2013
Application of 28 U.S.C. § 1658(a) to USERRA Claims: Baldwin v. City of Greensboro Introduction In the landmark case CWO3 Oakley Dean Baldwin, USCGR, Plaintiff–Appellant, v. City of Greensboro, the...
Fourth Circuit Affirms Federal Jurisdiction Over Telecommunications Interconnection Disputes and Clarifies Judicial Recusal Standards

Fourth Circuit Affirms Federal Jurisdiction Over Telecommunications Interconnection Disputes and Clarifies Judicial Recusal Standards

Date: Apr 30, 2013
Fourth Circuit Affirms Federal Jurisdiction Over Telecommunications Interconnection Disputes and Clarifies Judicial Recusal Standards Introduction In the landmark case of CENTRAL TELEPHONE COMPANY OF...
ESI Processing Costs Limited under 28 U.S.C. § 1920(4): Insights from Country Vintner v. Gallo

ESI Processing Costs Limited under 28 U.S.C. § 1920(4): Insights from Country Vintner v. Gallo

Date: Apr 30, 2013
ESI Processing Costs Limited under 28 U.S.C. § 1920(4): Insights from Country Vintner of North Carolina, LLC v. E. & J. Gallo Winery, Inc. Introduction The case of The Country Vintner of North...
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