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  • Commentaries
  • Judgments

4th Circuit Case Commentaries

Byers v. Painter: Post-Barnes Totality Review and Clearly Established Limits on Deadly Force Against a Non-Threatening, Retreating Armed Suspect

Byers v. Painter: Post-Barnes Totality Review and Clearly Established Limits on Deadly Force Against a Non-Threatening, Retreating Armed Suspect

Date: Apr 21, 2026
Byers v. Painter: Post-Barnes Totality Review and Clearly Established Limits on Deadly Force Against a Non-Threatening, Retreating Armed Suspect 1. Introduction In Margaret Byers v. Gordon Painter...
Fourth Circuit Limits “Officer-Safety” Firearms Questioning: A Traffic Stop Becomes Unlawful When the Officer Abandons the Stop’s Mission From the Outset

Fourth Circuit Limits “Officer-Safety” Firearms Questioning: A Traffic Stop Becomes Unlawful When the Officer Abandons the Stop’s Mission From the Outset

Date: Apr 21, 2026
Fourth Circuit Limits “Officer-Safety” Firearms Questioning: A Traffic Stop Becomes Unlawful When the Officer Abandons the Stop’s Mission From the Outset Case: United States v. Nathaniel Martin (No....
Defendant-Specific Pleading Is Mandatory in Fourteenth Amendment Medical-Indifference Claims Against Jail Officers

Defendant-Specific Pleading Is Mandatory in Fourteenth Amendment Medical-Indifference Claims Against Jail Officers

Date: Apr 21, 2026
Defendant-Specific Pleading Is Mandatory in Fourteenth Amendment Medical-Indifference Claims Against Jail Officers Case: Crystal Rice v. Scott Adams (No. 24-2026) Court: United States Court of...
Fourth Circuit: State “340B Manufacturer” Anti-Restriction Statutes Must Be Reassessed Under Intervening Federal Preemption Precedent (PhRMA v. McCuskey)

Fourth Circuit: State “340B Manufacturer” Anti-Restriction Statutes Must Be Reassessed Under Intervening Federal Preemption Precedent (PhRMA v. McCuskey)

Date: Apr 21, 2026
Fourth Circuit: State “340B Manufacturer” Anti-Restriction Statutes Must Be Reassessed Under Intervening Federal Preemption Precedent (Pharm. Rsch. & Mfrs. of Am. v. McCuskey) I. Introduction This...
Retention-Based Long-Term Incentive Awards Are ERISA-Exempt Bonus Programs Unless They Systematically Defer Pay to Termination or Provide Retirement Income

Retention-Based Long-Term Incentive Awards Are ERISA-Exempt Bonus Programs Unless They Systematically Defer Pay to Termination or Provide Retirement Income

Date: Apr 20, 2026
Retention-Based Long-Term Incentive Awards Are ERISA-Exempt Bonus Programs Unless They Systematically Defer Pay to Termination or Provide Retirement Income 1. Introduction Kelly Milligan v. Merrill...
United States v. Willie Lilly — Kisor Limits Use of U.S.S.G. § 2K2.1 Commentary Note 10; Prior Drug Felonies Count Even Without Criminal History Points

United States v. Willie Lilly — Kisor Limits Use of U.S.S.G. § 2K2.1 Commentary Note 10; Prior Drug Felonies Count Even Without Criminal History Points

Date: Apr 20, 2026
Kisor Limits Use of U.S.S.G. § 2K2.1 Commentary Note 10; Prior Drug Felonies Count Even Without Criminal History Points 1. Introduction In United States v. Willie Junior Lilly (4th Cir. Apr. 17,...
RIF Disparate-Impact Claims Require a Less-Discriminatory Alternative, and Retaliation Requires Employer Knowledge of Protected Activity

RIF Disparate-Impact Claims Require a Less-Discriminatory Alternative, and Retaliation Requires Employer Knowledge of Protected Activity

Date: Apr 20, 2026
RIF Disparate-Impact Claims Require a Less-Discriminatory Alternative, and Retaliation Requires Employer Knowledge of Protected Activity Case: Robyn Bomar v. Board of Education of Harford County, No....
ICE Execution of a Final EOIR Removal Order Is Not a “Pending Proceeding” Under 18 U.S.C. § 1505

ICE Execution of a Final EOIR Removal Order Is Not a “Pending Proceeding” Under 18 U.S.C. § 1505

Date: Apr 20, 2026
ICE Execution of a Final EOIR Removal Order Is Not a “Pending Proceeding” Under 18 U.S.C. § 1505 Introduction In United States v. Dennis Hernandez (4th Cir. Apr. 16, 2026), the Fourth Circuit...
Intervening 340B-Preemption Precedent Requires Vacatur and Remand of Preliminary-Injunction Rulings

Intervening 340B-Preemption Precedent Requires Vacatur and Remand of Preliminary-Injunction Rulings

Date: Apr 20, 2026
Intervening 340B-Preemption Precedent Requires Vacatur and Remand of Preliminary-Injunction Rulings I. Introduction AbbVie, Inc. v. Anthony Brown (4th Cir. Apr. 14, 2026) is an unpublished Fourth...
Intervening Circuit Preemption Precedent Requires Vacatur and Remand in 340B Contract-Pharmacy State-Law Challenges

Intervening Circuit Preemption Precedent Requires Vacatur and Remand in 340B Contract-Pharmacy State-Law Challenges

Date: Apr 20, 2026
Intervening Circuit Preemption Precedent Requires Vacatur and Remand in 340B Contract-Pharmacy State-Law Challenges 1. Introduction Pharmaceutical Research and Manufacturers of Ameri v. Anthony Brown...
Joinder of Distinct Fraud Schemes Is Proper When One Scheme Precipitates the Other and Shares Overlapping Methods and Proof

Joinder of Distinct Fraud Schemes Is Proper When One Scheme Precipitates the Other and Shares Overlapping Methods and Proof

Date: Apr 20, 2026
Joinder of Distinct Fraud Schemes Is Proper When One Scheme Precipitates the Other and Shares Overlapping Methods and Proof Case: United States v. Derickson Lawrence (4th Cir. Apr. 14, 2026) —...
Fourth Circuit: Failed Drug Tests Are Grade C Violations Unless the Revocation Petition Charges a Felony Drug Offense

Fourth Circuit: Failed Drug Tests Are Grade C Violations Unless the Revocation Petition Charges a Felony Drug Offense

Date: Apr 20, 2026
Fourth Circuit: Failed Drug Tests Are Grade C Violations Unless the Revocation Petition Charges a Felony Drug Offense Case: United States v. Naeem Jones (4th Cir. Apr. 14, 2026) (published)...
United States v. Trent James Russell — HIPAA “Individually Identifiable Health Information” Broadly Encompasses Patient-Search Screens; Employer’s Mere Presence Does Not Render a Voluntary Interview Coercive

United States v. Trent James Russell — HIPAA “Individually Identifiable Health Information” Broadly Encompasses Patient-Search Screens; Employer’s Mere Presence Does Not Render a Voluntary Interview Coercive

Date: Apr 20, 2026
United States v. Trent James Russell: Patient-Search Screens Are “Individually Identifiable Health Information,” and an Employer’s Mere Presence Does Not Make a Voluntary Law-Enforcement Interview...
North Carolina PJC Conditioned on Community Service Is a “Conviction” Under 8 U.S.C. § 1101(a)(48)(A)

North Carolina PJC Conditioned on Community Service Is a “Conviction” Under 8 U.S.C. § 1101(a)(48)(A)

Date: Apr 20, 2026
North Carolina PJC Conditioned on Community Service Is a “Conviction” Under 8 U.S.C. § 1101(a)(48)(A) Introduction In Vaughn Gardner v. Todd Blanche, the Fourth Circuit reviewed a Board of...
Equitable Mootness Is Disfavored in Simple Chapter 13 Cases When Only Prospective Payment Relief Is Sought

Equitable Mootness Is Disfavored in Simple Chapter 13 Cases When Only Prospective Payment Relief Is Sought

Date: Apr 17, 2026
Equitable Mootness Is Disfavored in Simple Chapter 13 Cases When Only Prospective Payment Relief Is Sought Case: Christopher M. Cook v. Chapter 13 Trustee (In re: Chapter 13 Trustee), No. 25-1048...
Egahi v. Blanche: “Fair Notice” Pleading Required to Preserve a Reviewable Statutory-Interpretation Claim in INA/VAWA APA Litigation

Egahi v. Blanche: “Fair Notice” Pleading Required to Preserve a Reviewable Statutory-Interpretation Claim in INA/VAWA APA Litigation

Date: Apr 17, 2026
Egahi v. Blanche: “Fair Notice” Pleading Required to Preserve a Reviewable Statutory-Interpretation Claim in INA/VAWA APA Litigation 1. Introduction Sunday Egahi v. Todd Blanche (4th Cir. Apr. 13,...
Unmarked Low-Speed Vehicle Ramming and Split-Second Shooting: Fact Disputes Bar Summary Judgment Under Graham

Unmarked Low-Speed Vehicle Ramming and Split-Second Shooting: Fact Disputes Bar Summary Judgment Under Graham

Date: Apr 16, 2026
Unmarked Low-Speed Vehicle Ramming and Split-Second Shooting: Fact Disputes Bar Summary Judgment Under Graham I. Introduction In Jeffery Payne v. Joshua Moser (Fourth Circuit, Apr. 13, 2026), the...
New York Convention Enforcement: FAR/DOSAR Non-Application Does Not Trigger the Public-Policy Exception; Tribunal “Expert” Selection Reviewed for Reasonable Construction of Rules

New York Convention Enforcement: FAR/DOSAR Non-Application Does Not Trigger the Public-Policy Exception; Tribunal “Expert” Selection Reviewed for Reasonable Construction of Rules

Date: Apr 16, 2026
New York Convention Enforcement: FAR/DOSAR Non-Application Does Not Trigger the Public-Policy Exception; Tribunal “Expert” Selection Reviewed for Reasonable Construction of Rules 1. Introduction In...
Fourth Circuit Abrogates “Multiplicative” Likelihood-of-Success Test for Preliminary Injunctions and Recognizes Intrusion-upon-Seclusion Standing for Unauthorized Government Data Access

Fourth Circuit Abrogates “Multiplicative” Likelihood-of-Success Test for Preliminary Injunctions and Recognizes Intrusion-upon-Seclusion Standing for Unauthorized Government Data Access

Date: Apr 16, 2026
Fourth Circuit Abrogates “Multiplicative” Likelihood-of-Success Test for Preliminary Injunctions and Recognizes Intrusion-upon-Seclusion Standing for Unauthorized Government Data Access Case:...
Mis-Captioned “Motion to Compel” Seeking Extra-FAA Relief Forfeits Interlocutory Review; Orders Maintaining a Stay/Directing Arbitration Are Unappealable Under FAA § 16(b)

Mis-Captioned “Motion to Compel” Seeking Extra-FAA Relief Forfeits Interlocutory Review; Orders Maintaining a Stay/Directing Arbitration Are Unappealable Under FAA § 16(b)

Date: Apr 16, 2026
Mis-Captioned “Motion to Compel” Seeking Extra-FAA Relief Forfeits Interlocutory Review; Orders Maintaining a Stay/Directing Arbitration Are Unappealable Under FAA § 16(b) Case: Geneva Enterprises,...
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