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  • Commentaries
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4th Circuit Case Commentaries

Limitation on Sentence Reductions Under §3582(c)(2): Insights from United States v. Dunphy

Limitation on Sentence Reductions Under §3582(c)(2): Insights from United States v. Dunphy

Date: Jan 6, 2009
Limitation on Sentence Reductions Under §3582(c)(2): Insights from United States v. Dunphy Introduction United States v. Gena Marie Dunphy, 551 F.3d 247 (4th Cir. 2009), addresses significant issues...
Exhaustion of Administrative Remedies in Employment Discrimination Cases: Insights from Jones v. Calvert Group Ltd.

Exhaustion of Administrative Remedies in Employment Discrimination Cases: Insights from Jones v. Calvert Group Ltd.

Date: Jan 6, 2009
Exhaustion of Administrative Remedies in Employment Discrimination Cases: Insights from Jones v. Calvert Group Ltd. Introduction In Linda Jones v. Calvert Group, Ltd., 551 F.3d 297 (4th Cir. 2009),...
Defining "Things of Value" Under §302 LMRA: Fourth Circuit Upholds Non-Violation in Union Access Agreements

Defining "Things of Value" Under §302 LMRA: Fourth Circuit Upholds Non-Violation in Union Access Agreements

Date: Dec 24, 2008
Defining "Things of Value" Under §302 LMRA: Fourth Circuit Upholds Non-Violation in Union Access Agreements Introduction The case Ronnie ADCOCK et al. v. Freightliner LLC et al. (550 F.3d 369)...
Conflict of Interest and Discretionary Standards in ERISA Plans: A Commentary on Champion v. Black Decker

Conflict of Interest and Discretionary Standards in ERISA Plans: A Commentary on Champion v. Black Decker

Date: Dec 20, 2008
Conflict of Interest and Discretionary Standards in ERISA Plans: A Commentary on Champion v. Black Decker Introduction Champion v. Black Decker is a pivotal case adjudicated by the United States...
Restricting Removal Authority for Additional Counter-Defendants under CAFA: Palisades Collections LLC v. Charlene Shorts

Restricting Removal Authority for Additional Counter-Defendants under CAFA: Palisades Collections LLC v. Charlene Shorts

Date: Dec 17, 2008
Restricting Removal Authority for Additional Counter-Defendants under CAFA: Palisades Collections LLC v. Charlene Shorts Introduction The case of Palisades Collections LLC v. Charlene Shorts (552...
Strict Interpretation of Minimal Diversity under CAFA: Fourth Circuit's Decision in Advance America v. Johnson & Herbert

Strict Interpretation of Minimal Diversity under CAFA: Fourth Circuit's Decision in Advance America v. Johnson & Herbert

Date: Dec 13, 2008
Strict Interpretation of Minimal Diversity under CAFA: Fourth Circuit's Decision in Advance America v. Johnson & Herbert Introduction In the landmark case of Lisa A. Johnson; Gilbert A. Herbert v....
Affirmation of Political Patronage Dismissal Standards for Management Service Employees

Affirmation of Political Patronage Dismissal Standards for Management Service Employees

Date: Dec 13, 2008
Affirmation of Political Patronage Dismissal Standards for Management Service Employees Introduction In the case of Celeste Nader v. State of Maryland, the United States Court of Appeals for the...
Reinforcing the Need for a Strong Inference of Scienter in Securities Fraud Claims: Da v. Cozzarelli et al.

Reinforcing the Need for a Strong Inference of Scienter in Securities Fraud Claims: Da v. Cozzarelli et al.

Date: Dec 13, 2008
Reinforcing the Need for a Strong Inference of Scienter in Securities Fraud Claims: Da v. Cozzarelli et al. Introduction The case of Da v. d COZZARELLI; Stephanie Cozzarelli; Frankfurt-Trust In,...
Fourth Circuit Reinforces Exhaustion of Administrative Remedies in Deportation Cases: Massis v. Mukasey

Fourth Circuit Reinforces Exhaustion of Administrative Remedies in Deportation Cases: Massis v. Mukasey

Date: Dec 10, 2008
Fourth Circuit Reinforces Exhaustion of Administrative Remedies in Deportation Cases: Massis v. Mukasey Introduction In Nimatallah Shafik Massis v. Michael B. Mukasey, 549 F.3d 631 (4th Cir. 2008),...
NEPA Private Right of Action Against State Officials Affirmed under Eleventh Amendment

NEPA Private Right of Action Against State Officials Affirmed under Eleventh Amendment

Date: Dec 6, 2008
NEPA Private Right of Action Against State Officials Affirmed under Eleventh Amendment Introduction In the landmark case SOUTH CAROLINA WILDLIFE FEDERATION; South Carolina Coastal Conservation...
Fourth Circuit Upholds Employer's Right to Terminate FMLA Leave Pending Fitness-for-Duty Certification

Fourth Circuit Upholds Employer's Right to Terminate FMLA Leave Pending Fitness-for-Duty Certification

Date: Dec 6, 2008
Fourth Circuit Upholds Employer's Right to Terminate FMLA Leave Pending Fitness-for-Duty Certification Introduction In the case of Winfred Howard v. Inova Health Care Services, adjudicated by the...
Fourth Circuit Clarifies Prevailing Party Status and Attorney's Fees under SOX in Grissom v. Mills Corporation

Fourth Circuit Clarifies Prevailing Party Status and Attorney's Fees under SOX in Grissom v. Mills Corporation

Date: Dec 4, 2008
Fourth Circuit Clarifies Prevailing Party Status and Attorney's Fees under SOX in Grissom v. Mills Corporation Introduction In Kenneth R. Grissom, II v. The Mills Corporation, 549 F.3d 313 (4th Cir....
Fourth Circuit Establishes Remand as Proper Remedy for ERISA Procedural Violations in Disability Benefit Claims

Fourth Circuit Establishes Remand as Proper Remedy for ERISA Procedural Violations in Disability Benefit Claims

Date: Nov 19, 2008
Fourth Circuit Establishes Remand as Proper Remedy for ERISA Procedural Violations in Disability Benefit Claims Introduction The case of Joanne Gagliano v. Reliance Standard Life Insurance Company...
Ziskie v. Mineta: Enhancing Hostile Work Environment Claims under Title VII

Ziskie v. Mineta: Enhancing Hostile Work Environment Claims under Title VII

Date: Nov 15, 2008
Ziskie v. Mineta: Enhancing Hostile Work Environment Claims under Title VII Introduction In Cynthia A. Ziskie v. Norman Y. Mineta, Secretary, Department of Transportation, 547 F.3d 220 (4th Cir....
Mootness Doctrine in Supervised Release Revocations: United States v. Hardy

Mootness Doctrine in Supervised Release Revocations: United States v. Hardy

Date: Nov 7, 2008
Mootness Doctrine in Supervised Release Revocations: United States v. Hardy Introduction The case of United States of America v. Calvin Hardy (545 F.3d 280) addresses pivotal issues regarding the...
Accrual of Claims Under the Federal Tort Claims Act: Insights from Bertram Hahn v. United States

Accrual of Claims Under the Federal Tort Claims Act: Insights from Bertram Hahn v. United States

Date: Nov 6, 2008
Accrual of Claims Under the Federal Tort Claims Act: Insights from Bertram Hahn v. United States Introduction Bertram Hahn v. United States of America, 313 F. App'x 582 (4th Cir. 2008), is a pivotal...
Affirmation of Summary Judgment in Lightner v. City of Wilmington: Clarifying the Boundaries of Title VII

Affirmation of Summary Judgment in Lightner v. City of Wilmington: Clarifying the Boundaries of Title VII

Date: Nov 4, 2008
Affirmation of Summary Judgment in Lightner v. City of Wilmington: Clarifying the Boundaries of Title VII Introduction The case of James J. Lightner vs. City of Wilmington serves as a pivotal moment...
Reasonable Suspicion and Prolonged Traffic Stops: Analysis of Branch v. United States

Reasonable Suspicion and Prolonged Traffic Stops: Analysis of Branch v. United States

Date: Aug 21, 2008
Reasonable Suspicion and Prolonged Traffic Stops: Analysis of Branch v. United States Introduction Branch v. United States, 537 F.3d 328 (4th Cir. 2008), is a pivotal case that examines the...
Krenzke v. Lindsay Lexus: Reinforcing FMLA's Notice and Serious Health Condition Standards

Krenzke v. Lindsay Lexus: Reinforcing FMLA's Notice and Serious Health Condition Standards

Date: Aug 16, 2008
Krenzke v. Lindsay Lexus: Reinforcing FMLA's Notice and Serious Health Condition Standards Introduction In the landmark case Julie Krenzke v. Alexandria Motor Cars, Incorporated, d/b/a Lindsay Lexus...
Siegel Decision Clarifies Admissibility of Other Crime Evidence Under Fed. R. Evid. §§404(b) and 403

Siegel Decision Clarifies Admissibility of Other Crime Evidence Under Fed. R. Evid. §§404(b) and 403

Date: Aug 13, 2008
Siegel Decision Clarifies Admissibility of Other Crime Evidence Under Fed. R. Evid. §§404(b) and 403 1. Introduction United States v. Nancy Jean Siegel, 536 F.3d 306 (4th Cir. 2008), serves as a...
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