4th Circuit Case Commentaries

Reversal of Summary Judgment in Lee v. Town of Seaboard: Reevaluating Justifications for Deadly Force by Law Enforcement

Date: Jul 15, 2017

Reversal of Summary Judgment in Lee v. Town of Seaboard: Reevaluating Justifications for Deadly Force by Law Enforcement Introduction The case of Brian C. Lee, Sr. v. Town of Seaboard adjudicated by...

Comprehensive Commentary on Samples v. Ballard: Clarifying the Application of George in Habeas Corpus Petitions

Date: Jun 24, 2017

Clarifying the Application of George in Habeas Corpus Petitions: An In-Depth Analysis of Samples v. Ballard Introduction Samples v. Ballard is a pivotal case adjudicated by the United States Court of...

Enhancing Federal Contractor Immunity: Insights from Janya Sawyer v. Foster Wheeler LLC

Date: Jun 23, 2017

Enhancing Federal Contractor Immunity: Insights from Janya Sawyer v. Foster Wheeler LLC Introduction The case of Janya Sawyer, Representative of the Estate of Joseph W. Morris; Garnette Morris,...

Venue Determination in Unauthorized Disclosure Cases: United States v. Sterling

Date: Jun 23, 2017

Venue Determination in Unauthorized Disclosure Cases: United States v. Sterling Introduction United States of America v. Jeffrey Alexander Sterling (860 F.3d 233) is a pivotal case adjudicated by the...

Enforcement of Class Action Settlements Under the Relitigation Exception: Insights from In re MI Windows & Doors, Inc.

Date: Jun 21, 2017

Enforcement of Class Action Settlements Under the Relitigation Exception: Insights from In re MI Windows & Doors, Inc. Introduction The case of In re: MI Windows & Doors, Inc., Products Liability...

Affirmation of Bankruptcy Court’s Order in Wells Fargo v. AMH Roman Two NC: Timeliness and Prejudice in Rule 60(b) Motions

Date: Jun 13, 2017

Affirmation of Bankruptcy Court’s Order in Wells Fargo v. AMH Roman Two NC: Timeliness and Prejudice in Rule 60(b) Motions Introduction The case of Wells Fargo Bank, N.A., Creditor - Appellant, v....

EEOC v. Consol Energy: Affirming the Duty to Reasonably Accommodate Sincere Religious Beliefs under Title VII

Date: Jun 13, 2017

EEOC v. Consol Energy: Affirming the Duty to Reasonably Accommodate Sincere Religious Beliefs under Title VII Introduction In the case of U.S. Equal Employment Opportunity Commission (EEOC) v. Consol...

Affirmation of Non-Punitive Confinement Standards for Civil Detainees under the Adam Walsh Act

Date: Jun 9, 2017

Affirmation of Non-Punitive Confinement Standards for Civil Detainees under the Adam Walsh Act Introduction The case of Thomas Shane Matherly v. J.F. Andrews et al. (859 F.3d 264) presents...

Affirmation of Firearm Enhancement in Drug Trafficking Cases: United States v. Bolton

Date: Jun 8, 2017

Affirmation of Firearm Enhancement in Drug Trafficking Cases: United States v. Bolton Introduction In United States v. Lashaun Christopher Bolton, the United States Court of Appeals for the Fourth...

Immunity Protections for Law Enforcement in Warrant Withdrawal Failures: An Analysis of Safar v. Tingle

Date: Jun 8, 2017

Immunity Protections for Law Enforcement in Warrant Withdrawal Failures: An Analysis of Safar v. Tingle Introduction The case of Fadwa Safar; Jan Eshow v. Lisa Tingle; Stephanie Rodriguez,...

Retaliation Protection Under Title VII: Villa v. CavaMezze Grill Establishes Limits on False Allegation Claims

Date: Jun 8, 2017

Retaliation Protection Under Title VII: Villa v. CavaMezze Grill Establishes Limits on False Allegation Claims Introduction The case of Patricia Villa v. CavaMezze Grill, LLC, adjudicated by the...

Enhanced Weight to Treating Physicians' Opinions in Disability Determinations: Lewis v. Berryhill

Date: Jun 3, 2017

Enhanced Weight to Treating Physicians' Opinions in Disability Determinations: Lewis v. Berryhill Introduction In Stacy L. Lewis v. Nancy A. Berryhill, 858 F.3d 858 (4th Cir. 2017), the United States...

Affirmation of Second-Degree Retaliatory Murder as a Crime of Violence under 18 U.S.C. § 924(c)

Date: Jun 2, 2017

Affirmation of Second-Degree Retaliatory Murder as a Crime of Violence under 18 U.S.C. § 924(c) Introduction The case of In re: James Allen Irby, III (858 F.3d 231) adjudicated by the United States...

Retaliation-Free Grievance Filing: Fourth Circuit's Landmark Decision in Martin v. Duffy

Date: Jun 2, 2017

Retaliation-Free Grievance Filing: Fourth Circuit's Landmark Decision in Martin v. Duffy Introduction In the landmark case of Anthony Fred Martin v. Susan Duffy, 858 F.3d 239 (4th Cir. 2017), the...

4th Circuit Reinforces Standards for Procedural Default in Ineffective Assistance Claims under §2254

Date: May 24, 2017

4th Circuit Reinforces Standards for Procedural Default in Ineffective Assistance Claims under §2254 Introduction In the landmark case Corey Lorenzo Woodfolk v. Gary D. Maynard et al., the United...

Fourth Circuit Establishes Enhanced Standing Criteria for Plaintiffs Challenging NSA's Upstream Surveillance

Date: May 24, 2017

Fourth Circuit Establishes Enhanced Standing Criteria for Plaintiffs Challenging NSA's Upstream Surveillance Introduction In the landmark case of Wikimedia Foundation et al. v. National Security...

Fourth Circuit Upholds Employer's Right to Restore to Equivalent Position Under FMLA

Date: May 17, 2017

Fourth Circuit Upholds Employer's Right to Restore to Equivalent Position Under FMLA Introduction In the notable case of Gary Waag v. Sotera Defense Solutions, Inc., 857 F.3d 179 (4th Cir. 2017), the...

Proximate Cause Essential in Failure to Warn Claims: Fourth Circuit Affirms Summary Judgment

Date: May 10, 2017

Proximate Cause Essential in Failure to Warn Claims: Fourth Circuit Affirms Summary Judgment Introduction The case of Martha Carlson et al. v. Boston Scientific Corporation (856 F.3d 320) addresses...

Grayson O Co. v. Agadir Intl.: Establishing the Importance of Mark Strength and Distinctiveness in Trademark Infringement Cases

Date: May 6, 2017

Grayson O Co. v. Agadir Intl.: Establishing the Importance of Mark Strength and Distinctiveness in Trademark Infringement Cases Introduction In the case of Grayson O Company v. Agadir International...

Establishing Corporate Standing for Minority-Owned Entities under 42 U.S.C. § 1981: Woods v. City of Greensboro

Date: May 6, 2017

Establishing Corporate Standing for Minority-Owned Entities under 42 U.S.C. § 1981: Woods v. City of Greensboro Introduction Woods v. City of Greensboro is a significant decision by the United States...