4th Circuit Case Commentaries

Deliberate Indifference in Correctional Healthcare: Banks v. Gore Establishes Rigorous Standards

Date: Jun 13, 2018

Deliberate Indifference in Correctional Healthcare: Banks v. Gore Establishes Rigorous Standards Introduction In the case of Steven Leon Banks v. Vincent Myron Gore et al., the United States Court of...

Affirmation of Summary Judgment in Lipitor Diabetes Claims Reinforces Daubert Standards on Expert Testimony

Date: Jun 13, 2018

Affirmation of Summary Judgment in Lipitor Diabetes Claims Reinforces Daubert Standards on Expert Testimony Introduction In the multidistrict litigation known as In Re: Lipitor (Atorvastatin Calcium)...

Supervised Release Revocation Proceedings Cannot Reopen Challenges to Underlying Sentences

Date: Jun 6, 2018

Supervised Release Revocation Proceedings Cannot Reopen Challenges to Underlying Sentences Introduction United States of America v. Daniel Sanchez, 891 F.3d 535 (4th Cir. 2018), serves as a pivotal...

Fourth Circuit Adjudicates Incorrect Career Offender Designation under 2016 US Sentencing Guidelines in Fluker v. United States

Date: Jun 6, 2018

Fourth Circuit Adjudicates Incorrect Career Offender Designation under 2016 US Sentencing Guidelines in Fluker v. United States Introduction Fluker v. United States is a pivotal case adjudicated by...

Enhancing Counsel Integrity: Upholding the Duty of Candor in Judicial Proceedings

Date: Jun 1, 2018

Enhancing Counsel Integrity: Upholding the Duty of Candor in Judicial Proceedings Introduction The appellate case of Stephen Six et al. v. Generations Federal Credit Union et al., adjudicated by the...

Application of Paroline in Restitution Orders for Non-Contact Victims of Child Pornography

Date: May 31, 2018

Application of Paroline in Restitution Orders for Non-Contact Victims of Child Pornography Introduction The case of United States of America v. Mario Ahlazshuna Dillard, adjudicated by the United...

Material Misrepresentation Nullifies Property Interest in Building Permits: Rockville Cars, LLC v. City of Rockville

Date: May 25, 2018

Material Misrepresentation Nullifies Property Interest in Building Permits: Rockville Cars, LLC v. City of Rockville Introduction In Rockville Cars, LLC, d/b/a BMW of Rock v. City of Rockville,...

Fourth Circuit Affirms Career Offender Enhancement and Mandates Redaction of Sentencing Memorandum in Harris v. United States

Date: May 22, 2018

Fourth Circuit Affirms Career Offender Enhancement and Mandates Redaction of Sentencing Memorandum in Harris v. United States Introduction In United States v. Christopher Harris, 890 F.3d 480 (4th...

Determining Fiduciary Duty Under ERISA: Insights from Gordon v. CIGNA Corporation

Date: May 16, 2018

Determining Fiduciary Duty Under ERISA: Insights from Gordon v. CIGNA Corporation Introduction The case of Kimberly P. Gordon v. CIGNA Corporation; Life Insurance Company of North America presents a...

Fourth Circuit Upholds SSA Disability Denial: Implications for Residual Functional Capacity Evaluations and Remand Procedures

Date: May 9, 2018

Fourth Circuit Upholds SSA Disability Denial: Implications for Residual Functional Capacity Evaluations and Remand Procedures Introduction In the case of Charlie Parker, Jr. v. Nancy A. Berryhill,...

Affirmation of State's Right to Set Vision Standards Under ADA and Rehabilitation Act: Wood v. Maryland Department of Transportation

Date: May 8, 2018

Affirmation of State's Right to Set Vision Standards Under ADA and Rehabilitation Act: Wood v. Maryland Department of Transportation Introduction In the case of David Wood v. Maryland Department of...

Strengthening Absolute Prosecutorial Immunity: Insights from Nero v. Mosby

Date: May 8, 2018

Strengthening Absolute Prosecutorial Immunity: Insights from Nero v. Mosby Introduction In the landmark decision of Nero v. Mosby, decided on May 7, 2018, the United States Court of Appeals for the...

Application of Substantial Evidence Standard in SSA Disability Cases: Keene v. Berryhill

Date: May 3, 2018

Application of Substantial Evidence Standard in SSA Disability Cases: Keene v. Berryhill Introduction The case of Terry Lee Keene v. Nancy A. Berryhill, Acting Commissioner, Social Security...

Substantial Weight Requirement for Prior State Disability Determinations in SSA Cases

Date: Apr 27, 2018

Substantial Weight Requirement for Prior State Disability Determinations in SSA Cases Introduction The case of Billie J. Woods v. Nancy A. Berryhill, Acting Commissioner of Social Security (888 F.3d...

Scope and Limitations of Appeal Waivers in Plea Agreements: Insights from United States v. Cohen

Date: Apr 26, 2018

Scope and Limitations of Appeal Waivers in Plea Agreements: Insights from United States v. Cohen Introduction The case of United States v. Jeffrey Brian Cohen, 888 F.3d 667 (4th Cir. 2018), serves as...

Fourth Circuit Establishes Rigorous Standards for Trademark Infringement and Likelihood of Confusion

Date: Apr 25, 2018

Fourth Circuit Establishes Rigorous Standards for Trademark Infringement and Likelihood of Confusion Introduction The legal battle between Variety Stores, Inc. and Wal-Mart Stores, Inc. culminated in...

Affirmation of Derivative Sovereign Immunity: Application of the Yearsley Doctrine to Federal Claims in Cunningham v. General Dynamics Information Technology, Inc.

Date: Apr 25, 2018

Affirmation of Derivative Sovereign Immunity: Application of the Yearsley Doctrine to Federal Claims in Cunningham v. General Dynamics Information Technology, Inc. Introduction Cunningham v. General...

Trademark Infringement and Summary Judgment: Variety Stores, Inc. v. Wal-Mart Stores, Inc.

Date: Apr 25, 2018

Trademark Infringement and Summary Judgment: Variety Stores, Inc. v. Wal-Mart Stores, Inc. Introduction The legal dispute between Variety Stores, Inc. (“Variety”) and Wal-Mart Stores, Inc....

Clarifying Disclosure Requirements under the Homeowners Protection Act: Dwoskin v. Bank of America

Date: Apr 20, 2018

Clarifying Disclosure Requirements under the Homeowners Protection Act: Dwoskin v. Bank of America Introduction The case of Dwoskin et al. v. Bank of America, decided by the United States Court of...

Fourth Circuit Establishes Broadened Interpretation of Race under Section 1981 in Employment Discrimination Case

Date: Apr 18, 2018

Fourth Circuit Establishes Broadened Interpretation of Race under Section 1981 in Employment Discrimination Case Introduction In the landmark case of Emanuella Nkem Nnadozie; Perpetua Ezeh; Sunday...