4th Circuit Case Commentaries

Fourth Circuit Affirms Summary Judgment on Due Process and Public Official Immunity in Educational Employment Termination Case

Date: Apr 4, 2018

Fourth Circuit Affirms Summary Judgment on Due Process and Public Official Immunity in Educational Employment Termination Case Introduction In the case of Bobbydyne McMillan v. Cumberland County...

Savings Clause Applicability Extended to Fundamental Sentencing Errors: UNITED STATES v. Wheeler

Date: Mar 29, 2018

Savings Clause Applicability Extended to Fundamental Sentencing Errors UNITED STATES of America v. Gerald Adrian Wheeler 886 F.3d 415, United States Court of Appeals, Fourth Circuit, March 28, 2018...

Establishing Standing in First Amendment Challenges: Insights from Niya Kenny et al. v. Wilson et al.

Date: Mar 16, 2018

Establishing Standing in First Amendment Challenges: Insights from Niya Kenny et al. v. Wilson et al. Introduction The case of Niya Kenny, on behalf of herself and all others similarly situated;...

Affirmation of Conspiracy Conviction and Comprehensive Sentencing in United States v. Savage

Date: Mar 13, 2018

Affirmation of Conspiracy Conviction and Comprehensive Sentencing in United States v. Savage Introduction The case of United States of America v. Junaidu Saljan Savage (885 F.3d 212, 4th Cir. 2018)...

Establishing the Continuing Violation Doctrine in Eighth Amendment Claims: DePaola v. Clarke et al.

Date: Mar 10, 2018

Establishing the Continuing Violation Doctrine in Eighth Amendment Claims: DePaola v. Clarke et al. Introduction DePaola v. Clarke et al. is a pivotal case decided by the United States Court of...

Qualified Immunity Affirmed for State Health Officials in Mental Health Service Denial Cases

Date: Mar 7, 2018

Qualified Immunity Affirmed for State Health Officials in Mental Health Service Denial Cases Introduction The case of Roxanne Adams, Administrator of the Estate of Jamycheal M. Mitchell, Deceased v....

BAE Systems v. Republic of Korea: Affirming Permissive Forum Selection Clauses and Implied FSIA Waivers in Foreign Military Sales

Date: Mar 7, 2018

BAE Systems v. Republic of Korea: Affirming Permissive Forum Selection Clauses and Implied FSIA Waivers in Foreign Military Sales Introduction In the pivotal case of BAE Systems Technology Solutions...

Fourth Circuit Sets Precedent on Reasonable Suspicion for Extending Traffic Stops

Date: Mar 2, 2018

Fourth Circuit Sets Precedent on Reasonable Suspicion for Extending Traffic Stops Introduction In the landmark case of United States of America v. Brian Bowman (884 F.3d 200, 4th Cir. 2018), the...

Fourth Circuit Upholds FCC's Broad Interpretation of 'Unsolicited Advertisement' under TCPA, Limiting District Court's Jurisdiction

Date: Feb 24, 2018

Fourth Circuit Upholds FCC's Broad Interpretation of 'Unsolicited Advertisement' under TCPA, Limiting District Court's Jurisdiction Introduction In the landmark case of Carlton & Harris Chiropractic,...

Romero Bankruptcy Case: Balancing Fresh Start and Creditor Protection

Date: Feb 22, 2018

Romero Bankruptcy Case: Balancing Fresh Start and Creditor Protection Introduction The case of Ralph Janvey, Creditor–Appellant, v. Peter Romero, Debtor–Appellee (883 F.3d 406, United States Court of...

Service on Statutory Agent Does Not Trigger Removal Period: Insight from Elliott v. American States Insurance Co.

Date: Feb 21, 2018

Service on Statutory Agent Does Not Trigger Removal Period: Insight from Elliott v. American States Insurance Co. Introduction Loretta T. Elliott, the plaintiff-appellant, initiated litigation...

Qualified Immunity Affirmed in Handcuffing of Minor by School Resource Officer

Date: Feb 13, 2018

Qualified Immunity Affirmed in Handcuffing of Minor by School Resource Officer Introduction The case of E.W., a minor, by and through her mother, T.W., Plaintiff–Appellant, versus Rosemary Dolgos,...

Carter v. Fleming: Strengthening Religious Dietary Rights for Inmates under the First Amendment and RLUIPA

Date: Jan 9, 2018

Carter v. Fleming: Strengthening Religious Dietary Rights for Inmates under the First Amendment and RLUIPA Introduction Aaron Carter, a prisoner under the Virginia Department of Corrections (VDOC),...

Compelled Speech and First Amendment Rights: Insights from Greater Baltimore Center v. Mayor & City Council of Baltimore

Date: Jan 6, 2018

Compelled Speech and First Amendment Rights: Insights from Greater Baltimore Center for Pregnancy Concerns, Inc. v. Mayor & City Council of Baltimore Introduction The case of Greater Baltimore Center...

Ineffective Assistance of Counsel in Career Offender Designation: United States v. Carthorne

Date: Dec 22, 2017

Ineffective Assistance of Counsel in Career Offender Designation: United States v. Carthorne Introduction In the landmark case United States of America v. Jolon Devon Carthorne, Sr., adjudicated by...

Fourth Circuit Establishes Expanded ADA Standing for Disabled Plaintiffs: Nanni v. Aberdeen Marketplace

Date: Dec 22, 2017

Fourth Circuit Establishes Expanded ADA Standing for Disabled Plaintiffs: Nanni v. Aberdeen Marketplace Introduction John Nanni, a resident of Delaware who relies on a wheelchair due to post-polio...

Preserving Judicial Finality: Sua Sponte Dismissal of Untimely Criminal Appeals in Oliver v. United States

Date: Dec 21, 2017

Preserving Judicial Finality: Sua Sponte Dismissal of Untimely Criminal Appeals in Oliver v. United States Introduction United States of America v. Leonard Oliver, 878 F.3d 120 (4th Cir. 2017), is a...

Establishing Clear Eighth Amendment Protections Against Malicious Transport Practices: Thompson v. Commonwealth of Virginia

Date: Dec 19, 2017

Establishing Clear Eighth Amendment Protections Against Malicious Transport Practices: Thompson v. Commonwealth of Virginia Introduction In the landmark case of Thompson v. Commonwealth of Virginia,...

Affirmation of 'Deliberate Indifference' in Eighth Amendment Claims: Anderson v. Deputy Kingsley et al.

Date: Dec 15, 2017

Affirmation of 'Deliberate Indifference' in Eighth Amendment Claims: Anderson v. Deputy Kingsley et al. Introduction The case of Albert Anderson v. Deputy M. Kingsley, Deputy Stewart, et al....

Enhancing Procedural Reasonableness in Sentencing: United States v. Blue

Date: Dec 13, 2017

Enhancing Procedural Reasonableness in Sentencing: United States v. Blue Introduction In the case of United States v. Benjamin Cornelius Blue, the United States Court of Appeals for the Fourth...