21Mar

Fourth Circuit Limits Qualified Immunity in Sexually Intrusive Searches

By: Hailey Cleek & Mike Garrigan In 2014, David E. Abbott, a detective with the Manassas City Police Department in Virginia, investigated allegations that seventeen-year-old Trey Sims used his cell phone to send sexually explicit photographs and video recordings of himself to his fifteen-year-old girlfriend.[1] Detective Abbott obtained a search warrant authorizing photography of Sims’ […]

21Mar

Fourth Circuit Checks an Abuse of Police Power

Categories: 4th Cir. Blog Weekly Roundup

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On February 16, 2018, the United States Court of Appeals for the Fourth Circuit published an opinion for U.S. v. Cowden. I. Facts and Procedural History This case involves the appeal of Defendant Mark Cowden, who was charged with deprivation of rights under color of law under 18 U.S.C. § 242, and knowingly making a […]

Tags: Criminal Law Evidence force

21Mar

Weekly Roundup 3/12 – 3/16

Categories: 4th Cir. Blog Weekly Roundup

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By: Adam McCoy and Shawn Namet Kenny v. Wilson In this civil case, plaintiff-appellants, Kenny, argued the district court incorrectly dismissed their 42 U.S.C. § 1983 claim for lack of standing for failure to state an injury in fact. The plaintiff-appellants challenge two South Carolina statutes as unconstitutionally vague that criminalize any person, including students, […]

Tags: Civil Litigation Civil Procedure Constitutional Law Criminal Law First Amendment Labor Law preliminary injunction

19Mar

Wake Forest Law Review Celebrates Gender Diversity

Categories: 4th Cir. Blog

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By: Mike Garrigan “It is always an exciting time to be a part of Wake Forest Law Review, but it’s not every year you get to make history,” commented incoming Editor-in-Chief Holly Ingram. For the first time in over two decades, and for the third time in Law Review’s sixty-five-year history, the top leadership on the Wake […]

Tags: 2018-2019 diversity gender Law Review masthead

14Mar

4th Amendment Rights: The Reasonableness of Prolonged Traffic Stops

Categories: 4th Cir. Blog Weekly Roundup

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By: Matthew Welch & Gilbert Smolenski On March 1, 2018, the United States Court of Appeals for the Fourth Circuit published an opinion for United States v. Brian Bowman. The court held that Bowman’s Fourth Amendment right, freedom from unreasonable seizures, was violated and reversed the district court ruling. I. Facts and Procedural History In […]

Tags: criminal Criminal Procedure Drug Dealers Drugs Fourth Amendment Fourth Circuit non-consensual seizure Police Probable Cause prolonged seizure reasonable suspicion Search search and seizure totality of the circumstances Traffic Stop unreasonable unreasonable stop

12Mar

Weekly Roundup – 3/5 – 3-9

Categories: 4th Cir. Blog Weekly Roundup

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By: Jonathan Hilliard & Timothy Day DePaola v. Clarke In this prisoner civil rights case, the Fourth Circuit affirmed in part, and reversed in part, the district court’s granting of the prison’s motion to dismiss the prisoner’s claims. The Circuit, using the “continuing violation doctrine,” held that DePaola’s claims were not time barred. Furthermore, the […]

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3Mar

Fourth Circuit Affirms $4 Million Dollar Awards for Four Plaintiffs in Major Products Liability Case

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By: Katherine Wenner & Holly Ingram On February 6, 2018, the United States Court of Appeals for the Fourth Circuit published an opinion for Campbell v. Boston Scientific Corporation. The case affirmed a major products liability decision involving four plaintiffs, where each plaintiff received awards for over $4 million. I. Facts and Procedural History The […]

Tags: 4th Circuit Product Liability Torts

27Feb

Weekly Roundup – 2/26 – 3/2

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Weekly Roundup: 2/26-3/2 By: Cara Katrinak & Raquel Macgregor Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC In this civil case, Carlton & Harris Chiropractic appealed the district court’s dismissal of its claim against PDR Network for violating the Telephone Consumer Protection Act (TCPA) by sending an unsolicited advertisement via fax. Carlton & Harris […]

Tags: Arbitration Bankruptcy Federal Arbitration Act Federal Communications Commission Forfeiture Insurance Securities Exchange Act testimony

21Feb

Should He Stay or Should He Go? The Fourth Circuit Lets Us Know.

Categories: 4th Cir. Blog Weekly Roundup

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By: Evan Reid and Ashley Collette On February 13, 2018, the United States Court of Appeals for the Fourth Circuit published an opinion in Salgado-Sosa v. Sessions, a highly anticipated immigration case. With the increase in Honduran nationals claiming persecution and seeking asylum in the United States, this case will likely have a far-reaching impact […]

Tags: asylum Board of Immigration Appeals Immigration Withholding of removal

21Feb

Weekly Roundup – 2/12-2/16

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Weekly Roundup: 2/12-2/16 By: Mary Kate Gladstone & Robert Tucci U.S. v. Cowden In this case, the defendant, a former lieutenant with a West Virginia Sheriff’s Office, appealed his conviction for deprivation of rights under the color of law in violation 18 U.S.C. § 242 after he assaulted an arrestee. On appeal, the defendant argued […]

Tags: asylum Discrimination Evidence Excessive Force Trump Violent Felony

3Dec

Weekly Roundup 11/27 – 12/1

Categories: 4th Cir. Blog Weekly Roundup

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Frontier-Kemper Constructors, Inc. v. Director In this civil case, Frontier-Kemper appealed from a decision of the United States Department of Labor Benefits Review Board, which held Plaintiff was responsible for paying benefits to a coal miner under the Black Lung Benefits Act. Frontier-Kemper disputed its liability for the claim, but the Court concluded Frontier-Kemper was […]

Tags: 4th Circuit Labor Law

27Nov

Fresh from the Fourth Circuit: Bakery Employees Entitled to Overtime Compensation for Deliveries

Categories: 4th Cir. Blog Weekly Roundup

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By: Katherine Wenner & Holly Ingram A. Overview On November 17th, the Fourth Circuit published an opinion for Schilling v. Schmidt Baking Co., Inc.. The Court considered whether the District Court erred in its dismissal of Plaintiffs’ claims under the FLSA. The Fourth Circuit reversed the District Court’s dismissal and held that Plaintiffs fell within […]

Tags: Employment Law Federal Regulation

Fourth Circuit Limits Qualified Immunity in Sexually Intrusive Searches

Fourth Circuit Checks an Abuse of Police Power

Weekly Roundup 3/12 – 3/16

Wake Forest Law Review Celebrates Gender Diversity

4th Amendment Rights: The Reasonableness of Prolonged Traffic Stops

Weekly Roundup – 3/5 – 3-9

Fourth Circuit Affirms $4 Million Dollar Awards for Four Plaintiffs in Major Products Liability Case

Weekly Roundup – 2/26 – 3/2

Should He Stay or Should He Go? The Fourth Circuit Lets Us Know.

Weekly Roundup – 2/12-2/16

Weekly Roundup 11/27 – 12/1

Fresh from the Fourth Circuit: Bakery Employees Entitled to Overtime Compensation for Deliveries

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