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Volume 70, Issue 4

Weekly Fourth Circuit Summaries

Week 41

In re: Search Warrant Issued June 13, 2019 (Amended 10/31/2019): The Fourth Circuit held that the use of a “Filter Team” — created ex parte by a magistrate judge and comprised of federal agents and prosecutors — to inspect privileged attorney-client materials is improper for several reasons, including, inter alia, the Team is contrary to foundational principles that protect attorney-client relationships, the Team’s creation inappropriately assigned judicial functions to the executive branch, and the Team was approved in ex parte proceedings prior to the search and seizures. . . .

United Financial Casualty Co. v. Ball (Niemeyer 10/30/2019): The Fourth held that neither the Employee Indemnification and Employer’s Liability exclusion or the Worker’s Compensation exclusion in a standard commercial automobile insurance policy barred coverage for the liability of a third-party permissive user of an insured vehicle who caused personal injuries to an employee of a named insured. . . .

Week 40

Lawrence v. Saul (Diaz 10/24/2019): The Fourth Circuit held that the Social Security Administration properly denied disability benefits to a claimant who could perform work that exists in significant supply in the national economy. . . .

United States v. Alston (Motz 10/24/2019): The Fourth Circuit held that a firearm found during a police search of a vehicle was not the fruit of an illegal search where—irrespective of the defendant’s involuntary statements—police would have inevitably discovered the gun. . . .

Welcome to South Carolina Law Review

As a student-run publication, the South Carolina Law Review aims to both publish a journal of legal scholarship to inform the legal community and to provide practical educational experience of value to students. Our goal is to publish noteworthy and quality legal articles that will serve legal education in South Carolina and beyond. We hope you will consider subscribing and supporting our legacy and tradition.

Dennison LaRue, Editor in Chief, S.C. L. Rev Vol 71