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  • Commentaries
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4th Circuit Case Commentaries

Jones Act Precedent: Exclusion of Prejudgment Interest Affirmed in Martin v. Harris

Jones Act Precedent: Exclusion of Prejudgment Interest Affirmed in Martin v. Harris

Date: Mar 12, 2009
Jones Act Precedent: Exclusion of Prejudgment Interest Affirmed in Martin v. Harris Introduction Martin v. Harris (560 F.3d 210) is a pivotal case adjudicated by the United States Court of Appeals...
Enforceability of Relocation Covenants in Rail Easements Not Preempted by ICCTA

Enforceability of Relocation Covenants in Rail Easements Not Preempted by ICCTA

Date: Mar 5, 2009
Enforceability of Relocation Covenants in Rail Easements Not Preempted by ICCTA Introduction The case of PCS Phosphate Company, Incorporated v. Norfolk Southern Corporation (559 F.3d 212) adjudicated...
Mandatory Pre-Judgment Interest and Employer Obligations under FMLA: Insights from Dotson v. Pfizer, Inc. (Fourth Circuit, 2009)

Mandatory Pre-Judgment Interest and Employer Obligations under FMLA: Insights from Dotson v. Pfizer, Inc. (Fourth Circuit, 2009)

Date: Mar 5, 2009
Mandatory Pre-Judgment Interest and Employer Obligations under FMLA: Insights from Dotson v. Pfizer, Inc. (Fourth Circuit, 2009) Introduction In Dotson v. Pfizer, Inc., the United States Court of...
Court Upholds Commissioner's Denial of Disability Benefits for Barbarah J. McPherson

Court Upholds Commissioner's Denial of Disability Benefits for Barbarah J. McPherson

Date: Mar 3, 2009
Court Upholds Commissioner's Denial of Disability Benefits for Barbarah J. McPherson Introduction The case of Barbarah J. McPherson v. Michael J. Astrue, Commissioner of Social Security revolved...
Impact of Amendment 706 on Sentencing Ranges and Judicial Disqualification: Insights from Lindsey v. USA and Robinson v. USA

Impact of Amendment 706 on Sentencing Ranges and Judicial Disqualification: Insights from Lindsey v. USA and Robinson v. USA

Date: Feb 21, 2009
Impact of Amendment 706 on Sentencing Ranges and Judicial Disqualification: Insights from Lindsey v. USA and Robinson v. USA 1. Introduction The case of United States of America v. Larry Donnell...
Fourth Circuit Rules §3582(c)(2) Not Applicable to Sentences Based on Mandatory Minimums Under Amendment 706

Fourth Circuit Rules §3582(c)(2) Not Applicable to Sentences Based on Mandatory Minimums Under Amendment 706

Date: Feb 21, 2009
Fourth Circuit Rules §3582(c)(2) Not Applicable to Sentences Based on Mandatory Minimums Under Amendment 706 Introduction The case of United States of America v. Carlous Gerrard Hood and Corey Allen...
Piedmont Environmental Council v. FERC: Clarifying FPA § 216(b)(1)(C)(i) and NEPA Compliance

Piedmont Environmental Council v. FERC: Clarifying FPA § 216(b)(1)(C)(i) and NEPA Compliance

Date: Feb 19, 2009
Piedmont Environmental Council v. FERC: Clarifying FPA § 216(b)(1)(C)(i) and NEPA Compliance Introduction The case of Piedmont Environmental Council v. Federal Energy Regulatory Commission (FERC)...
Redefining 'Waste Treatment Systems' and NEPA Compliance in Mountaintop Removal Mining: Ohio Valley Environmental Coalition v. U.S. Army Corps of Engineers

Redefining 'Waste Treatment Systems' and NEPA Compliance in Mountaintop Removal Mining: Ohio Valley Environmental Coalition v. U.S. Army Corps of Engineers

Date: Feb 14, 2009
Redefining 'Waste Treatment Systems' and NEPA Compliance in Mountaintop Removal Mining: Ohio Valley Environmental Coalition v. U.S. Army Corps of Engineers Introduction The case of Ohio Valley...
Vuyyuru v. Jadhav: Establishing Original Source Status under the False Claims Act

Vuyyuru v. Jadhav: Establishing Original Source Status under the False Claims Act

Date: Feb 13, 2009
Vuyyuru v. Jadhav: Establishing Original Source Status under the False Claims Act Introduction The case of United States of America ex rel. Lokesh Vuyyuru v. Gopinath Jadhav, M.D. involves a complex...
Cloaninger v. McDevitt: Affirmation of Qualified Immunity and Summary Judgment Standards under 1983

Cloaninger v. McDevitt: Affirmation of Qualified Immunity and Summary Judgment Standards under 1983

Date: Feb 10, 2009
Cloaninger v. McDevitt: Affirmation of Qualified Immunity and Summary Judgment Standards under 1983 Introduction The case of Cloaninger v. McDevitt addresses critical issues surrounding qualified...
Affirmation of Reporter Immunity in Child Abuse Reporting: Wolf v. Fauquier County

Affirmation of Reporter Immunity in Child Abuse Reporting: Wolf v. Fauquier County

Date: Feb 7, 2009
Affirmation of Reporter Immunity in Child Abuse Reporting: Wolf v. Fauquier County Introduction Wolf v. Fauquier County Board of Supervisors is a significant appellate case decided by the United...
Felony Stalking Recognized as a Crime of Violence: Comprehensive Analysis of United States v. Seay

Felony Stalking Recognized as a Crime of Violence: Comprehensive Analysis of United States v. Seay

Date: Jan 27, 2009
Felony Stalking Recognized as a Crime of Violence: Comprehensive Analysis of United States v. Seay Introduction United States of America v. Harry Ronald Seay, 553 F.3d 732 (4th Cir. 2009), is a...
Authentication and Hearsay Exceptions in Immigration Fraud: United States v. Vidacak

Authentication and Hearsay Exceptions in Immigration Fraud: United States v. Vidacak

Date: Jan 24, 2009
Authentication and Hearsay Exceptions in Immigration Fraud: United States v. Vidacak Introduction United States of America v. Veselin Vidacak is a pivotal case decided by the United States Court of...
Fourth Circuit Establishes Three-Year Statute of Limitations for ERISA §1132(c) Claims in South Carolina

Fourth Circuit Establishes Three-Year Statute of Limitations for ERISA §1132(c) Claims in South Carolina

Date: Jan 22, 2009
Fourth Circuit Establishes Three-Year Statute of Limitations for ERISA §1132(c) Claims in South Carolina Introduction In the landmark case of Sherry Pressley v. Tupperware Long Term Disability Plan...
Fourth Circuit Upholds Warrantless Cell Phone Searches and Deferred Inventory Procedures

Fourth Circuit Upholds Warrantless Cell Phone Searches and Deferred Inventory Procedures

Date: Jan 16, 2009
Fourth Circuit Upholds Warrantless Cell Phone Searches and Deferred Inventory Procedures Introduction In the case of United States of America v. Damian Antonio Murphy, decided on January 15, 2009,...
U.S. Fourth Circuit Reverses Preliminary Injunction on West Virginia's Video Lottery Advertising Restrictions

U.S. Fourth Circuit Reverses Preliminary Injunction on West Virginia's Video Lottery Advertising Restrictions

Date: Jan 14, 2009
U.S. Fourth Circuit Reverses Preliminary Injunction on West Virginia's Video Lottery Advertising Restrictions Introduction The case of WV Association of Club Owners and Fraternal Services, Inc. v....
Affirmation of Appeal Waivers and Preclusion of Collateral Challenges: Insights from United States v. Jason Landis Linder

Affirmation of Appeal Waivers and Preclusion of Collateral Challenges: Insights from United States v. Jason Landis Linder

Date: Jan 13, 2009
Affirmation of Appeal Waivers and Preclusion of Collateral Challenges: Insights from United States v. Jason Landis Linder Introduction In United States v. Jason Landis Linder, 552 F.3d 391 (4th Cir....
Affirmation of Virginia's Long-Arm Statute in Exercising Personal Jurisdiction over Foreign Entities: CFA Institute v. ICFAI

Affirmation of Virginia's Long-Arm Statute in Exercising Personal Jurisdiction over Foreign Entities: CFA Institute v. ICFAI

Date: Jan 10, 2009
Affirmation of Virginia's Long-Arm Statute in Exercising Personal Jurisdiction over Foreign Entities: CFA Institute v. ICFAI Introduction The case CFA Institute v. Institute of Chartered Financial...
Double Jeopardy Protections Affirmed in United States v. Hall and Handy

Double Jeopardy Protections Affirmed in United States v. Hall and Handy

Date: Jan 9, 2009
Double Jeopardy Protections Affirmed in United States v. Hall and Handy Introduction In United States v. Christopher A. Hall and William L. Handy, Jr. (551 F.3d 257, 4th Cir. 2009), the United States...
Enhanced Warranty Limitations in Motor Vehicle Sales: Insights from Robinson v. American Honda Motor Company, Inc. & Michelin North America, Inc.

Enhanced Warranty Limitations in Motor Vehicle Sales: Insights from Robinson v. American Honda Motor Company, Inc. & Michelin North America, Inc.

Date: Jan 6, 2009
Enhanced Warranty Limitations in Motor Vehicle Sales: Insights from Robinson v. American Honda Motor Company, Inc. & Michelin North America, Inc. Introduction The case of Paul F. Robinson versus...
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