4th Circuit Case Commentaries

Fourth Circuit Confirms: Hunt Bars All As-Applied § 922(g)(1) Challenges and Defers to Guidelines Commentary Defining “Large Capacity Magazine” as >15 Rounds Under Kisor

Date: Apr 2, 2026

Fourth Circuit Confirms: Hunt Bars All As-Applied § 922(g)(1) Challenges and Defers to Guidelines Commentary Defining “Large Capacity Magazine” as >15 Rounds Under Kisor I. Introduction In United...

Evidence Required for “Bad Faith” to Excuse the One-Year Diversity Removal Bar, and Fee-Shifting for Untimely Removal Under § 1447(c)

Date: Apr 2, 2026

Evidence Required for “Bad Faith” to Excuse the One-Year Diversity Removal Bar, and Fee-Shifting for Untimely Removal Under § 1447(c) Introduction In Dreamworks Motorsports, Inc. v. Jonathan Klein...

Twelve Months Counts as “One Year or Longer” Under 8 U.S.C. § 1227(a)(2)(A)(i)(II)

Date: Mar 31, 2026

Twelve Months Counts as “One Year or Longer” Under 8 U.S.C. § 1227(a)(2)(A)(i)(II) Introduction In Oscar Perdomo Ulloa v. Pamela Bondi, the U.S. Court of Appeals for the Fourth Circuit reviewed two...

Twelve Months Equals “One Year or Longer” Under 8 U.S.C. § 1227(a)(2)(A)(i)(II)

Date: Mar 31, 2026

Twelve Months Equals “One Year or Longer” Under 8 U.S.C. § 1227(a)(2)(A)(i)(II) Introduction In Oscar Perdomo Ulloa v. Pamela Bondi, the U.S. Court of Appeals for the Fourth Circuit considered a...

Reaffirming Procedural Default in § 2255: “Clearly Stronger” Appellate-IAC Showing and No Hearing Absent a Material Factual Dispute

Date: Mar 31, 2026

Reaffirming Procedural Default in § 2255: “Clearly Stronger” Appellate-IAC Showing and No Hearing Absent a Material Factual Dispute I. Introduction In United States v. Marcus Taylor (4th Cir. Mar....

U.S.S.G. § 2G1.3 “Minor” Includes Fictitious Minors: Fourth Circuit Defers to Commentary After Finding Guideline Ambiguity

Date: Mar 30, 2026

U.S.S.G. § 2G1.3 “Minor” Includes Fictitious Minors: Fourth Circuit Defers to Commentary After Finding Guideline Ambiguity I. Introduction In United States v. Gary Lee Hodges (4th Cir. Mar. 25,...

No “Ambush” Where Evidence Was in Defendants’ Control: Rule 15/37 Harmlessness and Sua Sponte Alter-Ego Directed Verdict

Date: Mar 27, 2026

No “Ambush” Where Evidence Was in Defendants’ Control: Rule 15/37 Harmlessness and Sua Sponte Alter-Ego Directed Verdict Introduction In Hayward Industries, Inc. v. BlueWorks Corporation (4th Cir....

Standing Requires Proper Defendants: Supervisory State Officials Are Not Traceable Causes of SCRA Violations by Court Clerks

Date: Mar 27, 2026

Standing Requires Proper Defendants: Supervisory State Officials Are Not Traceable Causes of SCRA Violations by Court Clerks I. Introduction Latasha Rouse v. Matthew Fader (4th Cir. Mar. 24, 2026)...

Informal FCC Complaints Trigger § 207 Election-of-Remedies and § 332(c)(3)(A) Expressly Preempts State Tort Suits Over Network Interference

Date: Mar 24, 2026

Informal FCC Complaints Trigger § 207 Election-of-Remedies and § 332(c)(3)(A) Expressly Preempts State Tort Suits Over Network Interference Introduction Bloosurf, LLC v. T-Mobile USA, Incorporated is...

BLBA “Year” Defined by 125 Working Days, Not a 365-Day Employment Relationship (20 C.F.R. § 725.101(a)(32))

Date: Mar 24, 2026

BLBA “Year” Defined by 125 Working Days, Not a 365-Day Employment Relationship (20 C.F.R. § 725.101(a)(32)) 1. Introduction Anita Baldwin v. DOWCP (Fourth Circuit, Mar. 19, 2026) addresses a...

Informational Mortgage Servicing Communications During Active Chapter 13—When Disclaimers and Context Defeat FDCPA and Automatic-Stay Liability

Date: Mar 24, 2026

Informational Mortgage Servicing Communications During Active Chapter 13—When Disclaimers and Context Defeat FDCPA and Automatic-Stay Liability 1. Introduction In Ruben Palazzo v. Bayview Loan...

IDEA Exhaustion Has No “Systemic/Class Action” Bypass; Advocacy Resource Diversion Does Not Create Organizational Standing

Date: Mar 24, 2026

IDEA Exhaustion Has No “Systemic/Class Action” Bypass; Advocacy Resource Diversion Does Not Create Organizational Standing 1. Introduction In D.C. v. Fairfax County School Board (4th Cir. Mar. 19,...

Core § 362(k) Automatic-Stay Enforcement Is Non-Arbitrable When Arbitration Conflicts with Bankruptcy’s Centralization, Uniformity, and Deterrence Functions

Date: Mar 23, 2026

Core § 362(k) Automatic-Stay Enforcement Is Non-Arbitrable When Arbitration Conflicts with Bankruptcy’s Centralization, Uniformity, and Deterrence Functions Case: Goldman Sachs Bank USA v. Rhea Brown...

Fourth Circuit Reaffirms that Second Amendment As-Applied Challenges to § 922(g)(1) Are Foreclosed by Hunt and that Sentencing May Consider Non-Guidelines Conduct Under § 3553(a)

Date: Mar 19, 2026

Fourth Circuit Reaffirms that Second Amendment As-Applied Challenges to § 922(g)(1) Are Foreclosed by Hunt and that Sentencing May Consider Non-Guidelines Conduct Under § 3553(a) Case: United States...

Blanket Intake Bans on Out-of-Cell Exercise Require Individualized Penological Justification Under the Eighth Amendment

Date: Mar 16, 2026

Blanket Intake Bans on Out-of-Cell Exercise Require Individualized Penological Justification Under the Eighth Amendment Case: Theodore Bolick v. Joel Anderson, et al. Court: United States Court of...

FCA Scienter After Schutte: Subjective Awareness from Agency Rulemaking and Internal Audits Can Plausibly Plead Reckless Disregard Despite Statutory Ambiguity

Date: Mar 15, 2026

FCA Scienter After Schutte: Subjective Awareness from Agency Rulemaking and Internal Audits Can Plausibly Plead Reckless Disregard Despite Statutory Ambiguity Case: United States ex rel. Deborah...

ATS Jurisdiction in U.S.-Controlled Occupation Detention Facilities and Corporate Conspiracy Liability for Torture/CIDT

Date: Mar 15, 2026

ATS Jurisdiction in U.S.-Controlled Occupation Detention Facilities and Corporate Conspiracy Liability for Torture/CIDT Introduction Suhail Al Shimari v. CACI Premier Technology, Inc. (4th Cir. Mar....

Rule 19 Necessity Requires a Non-Speculative, Contract-Specific Showing—A Tribal Enterprise Is Not Automatically a Required Party in Joint-Employer FMLA/USERRA Suits

Date: Mar 14, 2026

Rule 19 Necessity Requires a Non-Speculative, Contract-Specific Showing—A Tribal Enterprise Is Not Automatically a Required Party in Joint-Employer FMLA/USERRA Suits Introduction In William Peterson,...

Explicit Threats to Fire for EEO Activity Can Create a Triable Retaliation Issue Despite Documented Performance Problems

Date: Mar 13, 2026

Explicit Threats to Fire for EEO Activity Can Create a Triable Retaliation Issue Despite Documented Performance Problems Introduction In Terrance Reeves v. Pete Hegseth, an unpublished decision of...

Submitting Briefs with Nonexistent Case Citations—Whether AI-Generated or Not—Constitutes Prejudicial Conduct Under D.C. Rule 8.4(d) and Warrants Fourth Circuit Discipline

Date: Mar 13, 2026

Submitting Briefs with Nonexistent Case Citations—Whether AI-Generated or Not—Constitutes Prejudicial Conduct Under D.C. Rule 8.4(d) and Warrants Fourth Circuit Discipline Case: In re: Eric Chibueze...

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