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  • Commentaries
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4th Circuit Case Commentaries

Affirming Civil Commitment Standards and the 'Capable of Repetition' Exception: Analysis of United States v. Springer

Affirming Civil Commitment Standards and the 'Capable of Repetition' Exception: Analysis of United States v. Springer

Date: Apr 30, 2013
Affirming Civil Commitment Standards and the 'Capable of Repetition' Exception: Analysis of United States v. Springer Introduction United States v. Frederick Springer, 715 F.3d 535 (4th Cir. 2013),...
Willful Blindness Affirmed as Satisfying Acquiescence Under the Convention Against Torture: The Fourth Circuit in Suarez–Valenzuela v. Holder

Willful Blindness Affirmed as Satisfying Acquiescence Under the Convention Against Torture: The Fourth Circuit in Suarez–Valenzuela v. Holder

Date: Apr 25, 2013
Willful Blindness Affirmed as Satisfying Acquiescence Under the Convention Against Torture: The Fourth Circuit in Suarez–Valenzuela v. Holder Introduction Suarez–Valenzuela v. Holder is a pivotal...
HAMP Participation Does Not Establish Private Contractual or Fiduciary Duty: 4th Circuit Affirms Dismissal in Spaulding v. Wells Fargo

HAMP Participation Does Not Establish Private Contractual or Fiduciary Duty: 4th Circuit Affirms Dismissal in Spaulding v. Wells Fargo

Date: Apr 20, 2013
HAMP Participation Does Not Establish Private Contractual or Fiduciary Duty: 4th Circuit Affirms Dismissal in Spaulding v. Wells Fargo Introduction In Spaulding v. Wells Fargo Bank, N.A., the United...
Affirmation of Standing and Ripeness in Doe v. Virginia Dept. of State Police

Affirmation of Standing and Ripeness in Doe v. Virginia Dept. of State Police

Date: Apr 13, 2013
Affirmation of Standing and Ripeness in Doe v. Virginia Dept. of State Police Introduction In the case of Jane Doe v. Virginia Department of State Police (No. 11–1841), the United States Court of...
Establishing Standing for Homeowners Associations in FCC Exclusivity Order Challenges: An Analysis of Southern Walk v. OpenBand

Establishing Standing for Homeowners Associations in FCC Exclusivity Order Challenges: An Analysis of Southern Walk v. OpenBand

Date: Apr 6, 2013
Establishing Standing for Homeowners Associations in FCC Exclusivity Order Challenges: An Analysis of Southern Walk v. OpenBand Introduction The case of Southern Walk at Broadlands Homeowner's...
Fourth Circuit Upholds Enforceability of Arbitration Clauses: Reinforcing Class Action Waivers Post-Concepcion

Fourth Circuit Upholds Enforceability of Arbitration Clauses: Reinforcing Class Action Waivers Post-Concepcion

Date: Apr 2, 2013
Fourth Circuit Upholds Enforceability of Arbitration Clauses: Reinforcing Class Action Waivers Post-Concepcion Introduction In Samuel D. Muriithi v. Shuttle Express, Inc., et al., decided on April 1,...
Involuntary Plea Due to Affirmative Government Misconduct: United States v. Cortez Fisher

Involuntary Plea Due to Affirmative Government Misconduct: United States v. Cortez Fisher

Date: Apr 2, 2013
Involuntary Plea Due to Affirmative Government Misconduct: United States v. Cortez Fisher Introduction In the case of United States of America v. Cortez Fisher (711 F.3d 460), the United States Court...
Fourth Circuit Upholds School's Right to Ban Confederate Flag Apparel: A Comprehensive Legal Analysis

Fourth Circuit Upholds School's Right to Ban Confederate Flag Apparel: A Comprehensive Legal Analysis

Date: Mar 26, 2013
Fourth Circuit Upholds School's Right to Ban Confederate Flag Apparel: A Comprehensive Legal Analysis Introduction The case of Candice Michelle Hardwick v. Martha Heyward, decided by the United...
Fraud Claims Remain Preserved Against HOLA Preemption While Unconscionability Claims Are Preempted: Insights from McCauley v. Home Loan Investment Bank

Fraud Claims Remain Preserved Against HOLA Preemption While Unconscionability Claims Are Preempted: Insights from McCauley v. Home Loan Investment Bank

Date: Mar 26, 2013
Fraud Claims Remain Preserved Against HOLA Preemption While Unconscionability Claims Are Preempted: Insights from McCauley v. Home Loan Investment Bank Introduction In the landmark case Charlotte M....
Protected Activity under the False Claims Act: Glynn v. EDO Corporation and Its Implications

Protected Activity under the False Claims Act: Glynn v. EDO Corporation and Its Implications

Date: Mar 22, 2013
Protected Activity under the False Claims Act: Glynn v. EDO Corporation and Its Implications Introduction Dennis P. Glynn v. EDO Corporation is a significant case adjudicated by the United States...
Revisiting Second Amendment Jurisprudence: The Fourth Circuit's Ruling in Woollard v. Sheridan

Revisiting Second Amendment Jurisprudence: The Fourth Circuit's Ruling in Woollard v. Sheridan

Date: Mar 22, 2013
Revisiting Second Amendment Jurisprudence: The Fourth Circuit's Ruling in Woollard v. Sheridan Introduction The case of Raymond Woollard and the Second Amendment Foundation, Inc. v. Denis Gallagher...
Strict Adherence to Federal Rules for Post-Dismissal Amendments: Calvary Christian Center v. City of Fredericksburg

Strict Adherence to Federal Rules for Post-Dismissal Amendments: Calvary Christian Center v. City of Fredericksburg

Date: Mar 16, 2013
Strict Adherence to Federal Rules for Post-Dismissal Amendments: Calvary Christian Center v. City of Fredericksburg Introduction The case Calvary Christian Center, Plaintiff–Appellant, v. City of...
Federal Courts Limited to Formal EEOC Charges in Title VII Claims: Balas v. Huntington Ingalls Industries, Inc.

Federal Courts Limited to Formal EEOC Charges in Title VII Claims: Balas v. Huntington Ingalls Industries, Inc.

Date: Mar 16, 2013
Federal Courts Limited to Formal EEOC Charges in Title VII Claims: Balas v. Huntington Ingalls Industries, Inc. Introduction In Balas v. Huntington Ingalls Industries, Inc. (4th Cir. 2013), Karen B....
Fourth Circuit Clarifies Customer Definition under FINRA Rule 12200 in Raymond James Financial Services v. Cary

Fourth Circuit Clarifies Customer Definition under FINRA Rule 12200 in Raymond James Financial Services v. Cary

Date: Mar 9, 2013
Fourth Circuit Clarifies Customer Definition under FINRA Rule 12200 in Raymond James Financial Services v. Cary Introduction The case of Raymond James Financial Services, Incorporated v. Cary et al....
Fourth Circuit Affirms 'Accidental' Exclusion for Intentional Acts in Insurance Duty to Defend under California Law

Fourth Circuit Affirms 'Accidental' Exclusion for Intentional Acts in Insurance Duty to Defend under California Law

Date: Mar 8, 2013
Fourth Circuit Affirms 'Accidental' Exclusion for Intentional Acts in Insurance Duty to Defend under California Law Introduction In Thomas Michael Francis; Danielle Francis v. Allstate Insurance...
Helton v. AT&T Inc.: Affirming Retroactive ERISA Benefits and Expanding Consideration of Extrinsic Evidence

Helton v. AT&T Inc.: Affirming Retroactive ERISA Benefits and Expanding Consideration of Extrinsic Evidence

Date: Mar 7, 2013
Helton v. AT&T Inc.: Affirming Retroactive ERISA Benefits and Expanding Consideration of Extrinsic Evidence Introduction In Francine Helton v. AT&T Inc.; AT&T Pension Benefit Plan, 709 F.3d 343 (4th...
Fourth Circuit Upholds Preliminary Injunction in PCS Eligibility Class Action, Remands for Rule 65 Compliance

Fourth Circuit Upholds Preliminary Injunction in PCS Eligibility Class Action, Remands for Rule 65 Compliance

Date: Mar 6, 2013
Fourth Circuit Upholds Preliminary Injunction in PCS Eligibility Class Action, Remands for Rule 65 Compliance Introduction The case of Henry Pashby et al. v. Albert Delia, Secretary of N.C....
Mann v. United States: Reaffirming Limitations on Sentencing Reductions Under Amendment 750

Mann v. United States: Reaffirming Limitations on Sentencing Reductions Under Amendment 750

Date: Mar 5, 2013
Mann v. United States: Reaffirming Limitations on Sentencing Reductions Under Amendment 750 Introduction Mann v. United States, 709 F.3d 301 (4th Cir. 2013), addresses the complexities surrounding...
Fourth Circuit Strengthens Fourth Amendment Rights: Unlawful Seizure Without Reasonable Suspicion in United States v. Black

Fourth Circuit Strengthens Fourth Amendment Rights: Unlawful Seizure Without Reasonable Suspicion in United States v. Black

Date: Feb 26, 2013
Fourth Circuit Strengthens Fourth Amendment Rights: Unlawful Seizure Without Reasonable Suspicion in United States v. Black Introduction United States of America v. Nathaniel Black, 707 F.3d 531 (4th...
Enforcement of Valid Appeal Waivers in Federal Sentencing: United States v. Copeland

Enforcement of Valid Appeal Waivers in Federal Sentencing: United States v. Copeland

Date: Feb 26, 2013
Enforcement of Valid Appeal Waivers in Federal Sentencing: United States v. Copeland Introduction In the case of United States of America v. Larry Junior Copeland, decided by the United States Court...
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