Spoliation Sanctions Must Be Resolved Before Summary Judgment When Lost Evidence Is Central to the Merits 1. Introduction In Emmanuel Shaw v. T. Foreman (4th Cir. June 4, 2026), the Fourth Circuit...
Medicare Nursing-Home CMP Proceedings Are “Public Rights” Not Requiring a Seventh Amendment Jury Trial Case: Sligo Creek Center v. HHS (4th Cir. June 5, 2026) (Heytens, J.) Posture: Petition for...
Article III Redressability Encompasses Structural Reform Injunctions for Systemic Foster-Care Violations Case: Jonathan R. v. Patrick Morrisey (consolidated Nos. 25-1232 & 25-1239) | Court: United...
Plausibility Pleading in Employment Discrimination: Conclusory Motive Allegations, Undefined Comparators, and Pre-Decision Retaliation Theories Fail Under Rule 12(b)(6) 1. Introduction In Wei Jiang...
District Courts Must Identify and Explain the Predicate Felony for U.S.S.G. § 2K2.1(b)(6)(B) Enhancements; Conceded Suppression Grounds Are Waived on Appeal Case: United States v. Quillan Inman (4th...
File-Sharing CSAM Storage Categorically Qualifies as INA “Crime of Child Abuse,” and Categorical Analysis Uses the State Statute in Effect at the Time of the Conduct Case: Md Uddin v. Todd Blanche...
Clean Water Act Citizen Suits: No Presumption of Irreparable Harm and No “Public Harm” Substitution Under Winter Case: West Virginia Rivers Coalition, Inc. v. The Chemours Company FC, LLC Court:...
When Body-Worn Camera Footage Does Not Contradict: Deference to Suppression Findings and Consent-Based Frisks I. Introduction In United States v. Johnnie Moses (4th Cir. June 2, 2026) (unpublished),...
Mandatory VICAR Life Sentences for Adult Offenders and RICO Life Exposure Based on Life-Eligible Racketeering Acts Decision: Affirmed (Fourth Circuit, unpublished). Case: United States v. Elmer Alas...
Voluntary Settlement Extinguishes Standing to Appeal Class/Collective Decertification—Contractual “Right to Appeal” Cannot Create Article III Jurisdiction Case: James Mebane v. GKN Driveline North...
Qualified Immunity in Foster-Placement Decisions: No Clearly Established Substantive Due Process Right for Foster Parents’ Children I. Introduction In C.L.G. v. South Carolina Department of Social...
Fourth Circuit: BIA Commits Reversible Error When It Mislabels a Preserved PSG as Newly Raised and Declines Merits Review Case: Glenda Alvarado-Paz v. Todd Blanche (4th Cir. June 1, 2026) |...
USSG § 2K2.1(a)(3) Large-Capacity Magazine Enhancement Applies Without Knowledge; Lack of Knowledge Is Only Mitigation for § 3553(a) I. Introduction Case: United States v. Travis Lee Morgan (Fourth...
Waiver of State Jury-Trial Claims in Agency Enforcement and Deference to Preclusive Agency Factfinding in Excessive-Fines Review I. Introduction SmartEnergy Holdings, LLC v. Frederick Hoover (4th...
Bowman Wrongful-Discharge Claims Must Rest on an Explicit Virginia Statute (Not a Regulation), and VWPA Protection Requires Reporting a Legal Violation (Not Merely “Inappropriate” Conduct) I....
Fourth Circuit: No Federal Jurisdiction for Post-Judgment Veil-Piercing to Collect WARN Act/ERISA Money Judgments from Nonparties 1. Introduction Tony Messer and other former employees of Bristol...
Deference to For-Cause Juror Excusals and No Appellate Relief Based on Unasked Voir Dire Questions (United States v. Ricci) 1. Introduction In United States v. Gildo Ricci (4th Cir. May 28, 2026)...
Voluntary Disclosure Participation Does Not Excuse § 7202 Trust-Fund Tax Nonpayment; Indictment May Go to Jury with Limiting Instruction 1. Introduction In United States v. Richard Brasser...
Voluntary Disclosure Participation Does Not Excuse Post-Disclosure Trust-Fund Tax Nonpayment Under 26 U.S.C. § 7202 I. Introduction In United States v. Gregory Gentner (consolidated with United...
REDA “Protected Activity” Requires More Than Internal Overtime Suggestions; Egregious Policy Breakdowns Support Immediate Termination Absent Title VII Pretext Muminatou Bah v. Sampson Bladen Oil...