4th Circuit Case Commentaries

Establishing Plaintiff Standing in Lanham Act §43(a) Claims: 4th Circuit’s Decision in Belmora LLC v. Bayer Consumer Care AG

Date: Mar 24, 2016

Establishing Plaintiff Standing in Lanham Act §43(a) Claims: 4th Circuit’s Decision in Belmora LLC v. Bayer Consumer Care AG Introduction The case of Belmora LLC v. Bayer Consumer Care AG revolves...

Deliberate Indifference to Inmate Safety: Significance of Raynor v. Pugh, 817 F.3d 123

Date: Mar 18, 2016

Deliberate Indifference to Inmate Safety: Significance of Raynor v. Pugh, 817 F.3d 123 Introduction In James Herman Raynor v. G. Pugh et al., the United States Court of Appeals for the Fourth Circuit...

Affirmation of Personal Jurisdiction Standards and Limitation on Aiding and Abetting Fraud Claims in Grayson v. Anderson et al.

Date: Mar 8, 2016

Affirmation of Personal Jurisdiction Standards and Limitation on Aiding and Abetting Fraud Claims in Grayson v. Anderson et al. Introduction In the case of Alan M. Grayson; AMG Trust,...

Affirmation of 'But-For' Causation Standard in ADA Disability Discrimination Claims: Gentry v. East West Partners

Date: Mar 5, 2016

Affirmation of 'But-For' Causation Standard in ADA Disability Discrimination Claims: Gentry v. East West Partners Introduction In the case of Judith Gentry v. East West Partners Club Management...

Fourth Circuit Clarifies Non-Applicability of NC Statute 1-52(16) to Disease Claims

Date: Mar 3, 2016

Fourth Circuit Clarifies Non-Applicability of NC Statute 1-52(16) to Disease Claims Introduction In the case of Kent Stahle v. CTS Corporation, the United States Court of Appeals for the Fourth...

Personal Jurisdiction Requires Significant Contacts: PERDUE v. BRF S.A. Analysis

Date: Feb 20, 2016

Personal Jurisdiction Requires Significant Contacts: PERDUE v. BRF S.A. Analysis Introduction In the case of PERDUE FOODS LLC, Plaintiff–Appellant, v. BRF S.A., Defendant–Appellee, decided on...

Actual Innocence Exception to Plea Agreement Waivers in Felony Conviction Cases: United States v. Adams

Date: Feb 20, 2016

Actual Innocence Exception to Plea Agreement Waivers in Felony Conviction Cases: United States v. Adams Introduction In United States v. Adams, 814 F.3d 178 (4th Cir. 2016), the United States Court...

Ensuring Accessible Absentee Voting: ADA Compliance Upholds Online Ballot Marking for Disabled Voters

Date: Feb 10, 2016

Ensuring Accessible Absentee Voting: ADA Compliance Upholds Online Ballot Marking for Disabled Voters Introduction The case of National Federation of the Blind et al. v. Linda H. Lamone et al....

Fourth Circuit Mandates Strict Scrutiny for State Assault Weapons Bans under the Second Amendment

Date: Feb 5, 2016

Fourth Circuit Mandates Strict Scrutiny for State Assault Weapons Bans under the Second Amendment Introduction In the landmark case of Kolbe v. Hogan, decided on February 4, 2016, the United States...

Farhan Warfaa v. Yusuf Ali: Establishing Limits on the Alien Tort Statute in Extraterritorial Applications

Date: Feb 2, 2016

Farhan Warfaa v. Yusuf Ali: Establishing Limits on the Alien Tort Statute in Extraterritorial Applications Introduction The case of Farhan Mohamoud Tani Warfaa v. Yusuf Abdi Ali (811 F.3d 653) heard...

Affirmation of Feres 'Incident to Service' Doctrine Applies to §1983 Claims against State Officials: Aikens v. Ingram

Date: Jan 30, 2016

Affirmation of Feres 'Incident to Service' Doctrine Applies to §1983 Claims against State Officials: Aikens v. Ingram Introduction In Frederick Aikens v. William E. Ingram, Jr., the United States...

Clarifying the Reviewability of Rule 11(c)(1)(C) Plea Sentences under Section 3742 – United States v. Williams

Date: Jan 29, 2016

Clarifying the Reviewability of Rule 11(c)(1)(C) Plea Sentences under Section 3742 – United States v. Williams Introduction In the case of United States of America v. Williams, decided by the United...

Retaliation Under the Fair Housing Act and Conversion: Insights from L. Hall v. Greystar Management Services

Date: Jan 22, 2016

Retaliation Under the Fair Housing Act and Conversion: Insights from L. Hall v. Greystar Management Services Introduction L. Hall v. Greystar Management Services, L.P. is a notable case adjudicated...

Affirmation of Design Defect and Punitive Damages in In re C.R. Bard, Inc.

Date: Jan 15, 2016

Affirmation of Design Defect and Punitive Damages in In re C.R. Bard, Inc. Introduction The case of In re C.R. Bard, Incorporated, MDL No. 2187 addresses significant issues in product liability law,...

Excessive Force in Seizing Mentally Ill Individuals: A Fourth Amendment Analysis

Date: Jan 12, 2016

Excessive Force in Seizing Mentally Ill Individuals: A Fourth Amendment Analysis Introduction The case of The Estate of Ronald H. Armstrong v. The Village of Pinehurst et al. addresses the critical...

Fourth Circuit Clarifies Intent Requirements for 18 U.S.C. §875(b) and §875(c) in the Wake of Elonis Decision

Date: Jan 8, 2016

Fourth Circuit Clarifies Intent Requirements for 18 U.S.C. §875(b) and §875(c) in the Wake of Elonis Decision Introduction In the case of United States of America v. William A. White, 810 F.3d 212...

Affirmation of Strickland Prejudice Standards in §2255 Motions: United States v. Santiago

Date: Dec 23, 2015

Affirmation of Strickland Prejudice Standards in §2255 Motions: United States v. Santiago Introduction The case of United States of America v. Ishmael Avive Santiago (632 F. App'x 769) presents a...

Fourth Circuit Upholds Exemption Classification in Williams v. Genex Services

Date: Dec 19, 2015

Fourth Circuit Upholds Exemption Classification in Williams v. Genex Services Introduction In Williams v. Genex Services, LLC, the United States Court of Appeals for the Fourth Circuit addressed...

Strengthening ALJ Responsibilities: Independent Identification and Resolution of Conflicts in Social Security Disability Determinations

Date: Dec 18, 2015

Strengthening ALJ Responsibilities: Independent Identification and Resolution of Conflicts in Social Security Disability Determinations Introduction In the landmark case of Jeffrey Pearson v. Carolyn...

Enhanced Judicial Review Standards in Disability Claims: Fox v. Colvin

Date: Dec 18, 2015

Enhanced Judicial Review Standards in Disability Claims: Fox v. Colvin Introduction In the case of Garrett W. Fox v. Carolyn W. Colvin, decided by the United States Court of Appeals for the Fourth...