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  • Commentaries
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4th Circuit Case Commentaries

Duty to Defend in Territorial Insurance Policies: CACI International, Inc. v. St. Paul Fire and Marine Insurance Company

Duty to Defend in Territorial Insurance Policies: CACI International, Inc. v. St. Paul Fire and Marine Insurance Company

Date: May 15, 2009
Duty to Defend in Territorial Insurance Policies: CACI International, Inc. v. St. Paul Fire and Marine Insurance Company Introduction The case of CACI International, Incorporated, et al. v. St. Paul...
Procedural Due Process Upholds University Sanctions against Fraternities: The Iota XI Sigma Chi Fraternity Case

Procedural Due Process Upholds University Sanctions against Fraternities: The Iota XI Sigma Chi Fraternity Case

Date: May 14, 2009
Procedural Due Process Upholds University Sanctions against Fraternities: The Iota XI Sigma Chi Fraternity Case Introduction The legal landscape governing the rights of student organizations within...
Schlup Gateway Revival: Comprehensive Analysis of Wolfe v. Johnson

Schlup Gateway Revival: Comprehensive Analysis of Wolfe v. Johnson

Date: May 12, 2009
Schlup Gateway Revival: Comprehensive Analysis of Wolfe v. Johnson Case Citation: Justin Michael Wolfe v. Gene M. Johnson, Director of the Virginia Department of Corrections, 565 F.3d 140 (4th Cir....
Equal Access to Justice Act: Attorney's Fees Now Payable to Claimants – Fourth Circuit Sets New Precedent

Equal Access to Justice Act: Attorney's Fees Now Payable to Claimants – Fourth Circuit Sets New Precedent

Date: May 8, 2009
Equal Access to Justice Act: Attorney's Fees Now Payable to Claimants – Fourth Circuit Sets New Precedent Introduction In the landmark decision of Natalie J. Stephens v. Michael J. Astrue, the United...
Fourth Circuit Affirmation in United States v. Urutyan: Counsel Conflict of Interest and Procedural Jurisdiction Clarified

Fourth Circuit Affirmation in United States v. Urutyan: Counsel Conflict of Interest and Procedural Jurisdiction Clarified

Date: May 8, 2009
Fourth Circuit Affirmation in United States v. Urutyan: Counsel Conflict of Interest and Procedural Jurisdiction Clarified Introduction The case of United States of America v. Gagik Urutyan (564 F.3d...
Unus v. United States: Clarifying the FTCA Judgment Bar and §1988 Attorney's Fees for Prevailing Defendants

Unus v. United States: Clarifying the FTCA Judgment Bar and §1988 Attorney's Fees for Prevailing Defendants

Date: May 7, 2009
Unus v. United States: Clarifying the FTCA Judgment Bar and §1988 Attorney's Fees for Prevailing Defendants Introduction Unus v. United States is a significant case adjudicated by the United States...
Impact of Rule 11 Compliance on Armed Career Criminal Sentencing: Insights from United States v. Massenburg

Impact of Rule 11 Compliance on Armed Career Criminal Sentencing: Insights from United States v. Massenburg

Date: Apr 30, 2009
Impact of Rule 11 Compliance on Armed Career Criminal Sentencing: Insights from United States v. Massenburg Introduction United States of America v. Kedrick Antonio Massenburg, 564 F.3d 337 (4th Cir....
Individualized Sentencing Rationale Mandatory: United States v. Carter Analysis

Individualized Sentencing Rationale Mandatory: United States v. Carter Analysis

Date: Apr 28, 2009
Individualized Sentencing Rationale Mandatory: United States v. Carter Analysis Introduction United States v. Jack Dale Carter, 564 F.3d 325 (4th Cir. 2009), is a pivotal case that underscores the...
Peer-to-Peer File Sharing as Distribution under U.S.S.G. §2G2.2(b)(3)(F): Fourth Circuit Upholds Sentencing Enhancements

Peer-to-Peer File Sharing as Distribution under U.S.S.G. §2G2.2(b)(3)(F): Fourth Circuit Upholds Sentencing Enhancements

Date: Apr 28, 2009
Peer-to-Peer File Sharing as Distribution under U.S.S.G. §2G2.2(b)(3)(F): Fourth Circuit Upholds Sentencing Enhancements Introduction In the appellate case UNITED STATES of America v. Terry Layton,...
Affirmation of 'Willful' Violations Under the Gun Control Act: A Comprehensive Analysis of American Arms International v. ATF

Affirmation of 'Willful' Violations Under the Gun Control Act: A Comprehensive Analysis of American Arms International v. ATF

Date: Apr 21, 2009
Affirmation of 'Willful' Violations Under the Gun Control Act: A Comprehensive Analysis of American Arms International v. ATF Introduction In the landmark case of American Arms International, trading...
Fair Use Affirmed in A.V. v. iParadigms: Implications for Digital Archiving and Copyright Enforcement

Fair Use Affirmed in A.V. v. iParadigms: Implications for Digital Archiving and Copyright Enforcement

Date: Apr 17, 2009
Fair Use Affirmed in A.V. v. iParadigms: Implications for Digital Archiving and Copyright Enforcement 1. Introduction The case A.V., a minor, by his next friend Robert Vanderhye; K.W., a minor, by...
HCQIA Immunity Affirmed in CAMC v. Wahi: A Comprehensive Legal Analysis

HCQIA Immunity Affirmed in CAMC v. Wahi: A Comprehensive Legal Analysis

Date: Apr 11, 2009
HCQIA Immunity Affirmed in CAMC v. Wahi: A Comprehensive Legal Analysis Introduction The case of Rakesh Wahi, M.D. v. Charleston Area Medical Center, Inc. (562 F.3d 599) presents a pivotal...
Expanding the Reach of the False Claims Act: Insights from United States ex rel. DRC, Incorporated v. Custer Battles, LLC

Expanding the Reach of the False Claims Act: Insights from United States ex rel. DRC, Incorporated v. Custer Battles, LLC

Date: Apr 11, 2009
Expanding the Reach of the False Claims Act: Insights from United States ex rel. DRC, Incorporated v. Custer Battles, LLC Introduction The case of United States ex rel. DRC, Incorporated v. Custer...
Enhanced First Amendment Protections for Public Employees: Insights from ANDREW v. CLARK

Enhanced First Amendment Protections for Public Employees: Insights from ANDREW v. CLARK

Date: Apr 3, 2009
Enhanced First Amendment Protections for Public Employees: Insights from ANDREW v. CLARK Introduction ANDREW v. CLARK, 561 F.3d 261 (4th Cir. 2009), represents a significant appellate decision...
Juror Misconduct and Harmless Error in Capital Sentencing: United States v. Basham

Juror Misconduct and Harmless Error in Capital Sentencing: United States v. Basham

Date: Mar 31, 2009
Juror Misconduct and Harmless Error in Capital Sentencing: United States v. Basham Introduction United States of America v. Brandon Leon Basham, 561 F.3d 302 (4th Cir. 2009), presents a critical...
Reinforcing the Limits of Specific Personal Jurisdiction in International Business Relations: Insights from CEC v. Geometric Limited

Reinforcing the Limits of Specific Personal Jurisdiction in International Business Relations: Insights from CEC v. Geometric Limited

Date: Mar 24, 2009
Reinforcing the Limits of Specific Personal Jurisdiction in International Business Relations: Insights from CEC v. Geometric Limited Introduction The case of Consulting Engineers Corporation (CEC) v....
Clarifying Deliberate Indifference and Administrative Remedy Requirements: Green v. Rubenstein

Clarifying Deliberate Indifference and Administrative Remedy Requirements: Green v. Rubenstein

Date: Mar 19, 2009
Clarifying Deliberate Indifference and Administrative Remedy Requirements: Green v. Rubenstein Introduction Green v. Rubenstein, 644 F. Supp. 2d 723 (S.D. W.Va. 2009), is a pivotal case that delves...
Equifax v. Robinson: Strict Evidentiary Requirements for Attorney’s Fees in FCRA Litigation

Equifax v. Robinson: Strict Evidentiary Requirements for Attorney’s Fees in FCRA Litigation

Date: Mar 17, 2009
Equifax v. Robinson: Strict Evidentiary Requirements for Attorney’s Fees in FCRA Litigation Introduction In the landmark case Nicole M. Robinson v. Equifax Information Services, LLC, the United...
Deliberate Indifference in Correctional Medical Care: Insights from Hammel J. Clark v. Maryland Dept. of Public Safety and Correctional Services

Deliberate Indifference in Correctional Medical Care: Insights from Hammel J. Clark v. Maryland Dept. of Public Safety and Correctional Services

Date: Mar 14, 2009
Deliberate Indifference in Correctional Medical Care: Insights from Hammel J. Clark v. Maryland Dept. of Public Safety and Correctional Services Introduction In the landmark case Hammel J. Clark v....
Retaliation Claims under Title VII: Prince-Garrison v. Maryland Department of Health and Mental Hygiene

Retaliation Claims under Title VII: Prince-Garrison v. Maryland Department of Health and Mental Hygiene

Date: Mar 14, 2009
Retaliation Claims under Title VII: Prince-Garrison v. Maryland Department of Health and Mental Hygiene Introduction In the case of Linda Prince-Garrison v. Maryland Department of Health and Mental...
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