4th Circuit Case Commentaries

Establishing Hostile Work Environment Standards Under 42 U.S.C. § 1981: Dunlap et al. v. T.N.T. Trucking

Date: Dec 13, 2017

Establishing Hostile Work Environment Standards Under 42 U.S.C. § 1981: Dunlap et al. v. T.N.T. Trucking Introduction In the landmark case Rodney R. Dunlap; Kevin Good; Bernard Elam; Joe Neal; Mack...

Wilcox v. Brown: Reinforcing Exhaustion Requirements for Prisoners' Free Exercise Claims

Date: Dec 6, 2017

Wilcox v. Brown: Reinforcing Exhaustion Requirements for Prisoners' Free Exercise Claims Introduction Wilcox v. Brown, 877 F.3d 161 (4th Cir. 2017), is a significant appellate decision that delves...

Affirmed Denial of Qualified Immunity in Hensley v. Price: Defining Reasonable Use of Deadly Force

Date: Nov 18, 2017

Affirmed Denial of Qualified Immunity in Hensley v. Price: Defining Reasonable Use of Deadly Force Introduction In the landmark case Hensley v. Price, decided by the United States Court of Appeals...

Fourth Circuit Affirms 'Reckless Disregard' Standard for Knowledge of Minor Status in Sex Trafficking Convictions

Date: Nov 15, 2017

Fourth Circuit Affirms 'Reckless Disregard' Standard for Knowledge of Minor Status in Sex Trafficking Convictions Introduction In the case of United States of America v. Terrell Banker, 876 F.3d 530...

Reaffirming the Limits of the Collateral Order Doctrine in Supplemental Jurisdiction Cases

Date: Oct 25, 2017

Reaffirming the Limits of the Collateral Order Doctrine in Supplemental Jurisdiction Cases Introduction The case of CAMPBELL–MCCORMICK, INC. v. Clifford Oliver et al. presents significant insights...

SAS Institute v. World Programming Ltd.: Reinforcing Contractual Protections Against Reverse Engineering

Date: Oct 25, 2017

SAS Institute v. World Programming Ltd.: Reinforcing Contractual Protections Against Reverse Engineering Introduction Case Citation: SAS Institute, Inc. v. World Programming Limited, The Mathworks,...

Workman v. Perry et al.: Affirmation of Immunity Doctrines and Interpretation of 'Person' Under 42 U.S.C. §1983

Date: Oct 24, 2017

Workman v. Perry et al.: Affirmation of Immunity Doctrines and Interpretation of 'Person' Under 42 U.S.C. §1983 Introduction In the case of Olandio Ray Workman v. Robert Joseph Perry, James E....

Substance Abuse as a Material Factor in Disability Determination: Insights from Sizemore v. Berryhill

Date: Oct 18, 2017

Substance Abuse as a Material Factor in Disability Determination: Insights from Sizemore v. Berryhill Introduction Case: David Richard Sizemore v. Nancy A. Berryhill, 878 F.3d 72 Court: United States...

Finality of Dismissals in Light of Amended Complaints: Fawzy v. Wauquiez Boats SNC

Date: Oct 13, 2017

Finality of Dismissals in Light of Amended Complaints: Fawzy v. Wauquiez Boats SNC Introduction In the case of Dr. Amr Fawzy v. Wauquiez Boats SNC, adjudicated by the United States Court of Appeals...

Enforcing the Treating Physician Rule: Fourth Circuit Vacates SSA Disability Denial in Brown v. Commissioner

Date: Sep 30, 2017

Enforcing the Treating Physician Rule: Fourth Circuit Vacates SSA Disability Denial in Brown v. Commissioner Introduction In Ricky E. Brown v. Commissioner Social Security Administration, 873 F.3d...

4th Circuit Affirms Dismissal of Discrimination Claims under Rule 12(b)(6) in Glenn v. Wells Fargo Bank

Date: Sep 30, 2017

4th Circuit Affirms Dismissal of Discrimination Claims under Rule 12(b)(6) in Glenn v. Wells Fargo Bank Introduction In the case of Maurice Glenn v. Wells Fargo Bank, N.A., the United States Court of...

Reaffirming the Standards for Preliminary Injunctions in ERISA and LMRA Claims: Insights from Di Biase v. SPX Corporation

Date: Sep 29, 2017

Reaffirming the Standards for Preliminary Injunctions in ERISA and LMRA Claims: Insights from Di Biase v. SPX Corporation Introduction The case of Joseph Di Biase, et al. v. SPX Corporation (872 F.3d...

Defendants Cannot Use Forfeited Substitute Assets to Hire Appellate Counsel: United States v. Andracos Marshall

Date: Sep 26, 2017

Defendants Cannot Use Forfeited Substitute Assets to Hire Appellate Counsel: United States v. Andracos Marshall Introduction In the case of United States of America v. Andracos Marshall, 872 F.3d 213...

Enhancing Procedural Fairness in Supervised Release Revocations: United States v. Slappy

Date: Sep 23, 2017

Enhancing Procedural Fairness in Supervised Release Revocations: United States v. Slappy Introduction In United States v. Lacresha Janelle Slappy (872 F.3d 202, 4th Cir. 2017), the United States...

Affirmed: The Impact of Johnson on 'Crime of Violence' Classification for Career Offender Status Under U.S. Sentencing Guidelines

Date: Aug 22, 2017

Affirmed: The Impact of Johnson on 'Crime of Violence' Classification for Career Offender Status Under U.S. Sentencing Guidelines Introduction In United States of America v. Thilo Brown, 868 F.3d 297...

Reinforcing Pleading Standards: Affirmation of Dismissal in Swaso v. Onslow County Board of Education

Date: Aug 11, 2017

Reinforcing Pleading Standards: Affirmation of Dismissal in Swaso v. Onslow County Board of Education Introduction In the case of Carmen Swaso v. Onslow County Board of Education, adjudicated by the...

Clarifying Probable Cause and Qualified Immunity in Malicious Prosecution: Analysis of Marlow Humbert v. Baltimore City Officials

Date: Aug 8, 2017

Clarifying Probable Cause and Qualified Immunity in Malicious Prosecution: Analysis of Marlow Humbert v. Baltimore City Officials Introduction In the landmark case of Marlow Humbert v. Mayor and City...

Refining Evidentiary Standards under CAFA: Insights from Scott v. Cricket Communications

Date: Jul 29, 2017

Refining Evidentiary Standards under CAFA: Insights from Scott v. Cricket Communications Introduction The case of Michael A. Scott v. Cricket Communications, LLC addresses critical aspects of the...

Clarifying the Sentencing Package Doctrine: The 4th Circuit's Decision in United States v. Ventura

Date: Jul 19, 2017

Clarifying the Sentencing Package Doctrine: The 4th Circuit's Decision in United States v. Ventura Introduction The case of United States of America v. German de Jesus Ventura, adjudicated by the...

Establishment Clause Violation in Exclusive Legislative Prayer Practices: Lund v. Rowan County

Date: Jul 15, 2017

Establishment Clause Violation in Exclusive Legislative Prayer Practices: Lund v. Rowan County Introduction The case of Lund, Montag-Siegel, and Voelker v. Rowan County, North Carolina addresses the...