4th Circuit Case Commentaries

Mandatory Accurate Reporting of Disputes by Furnishers under FCRA: Insights from Saunders v. Branch Banking Trust Co. of Virginia

Date: May 15, 2008

Mandatory Accurate Reporting of Disputes by Furnishers under FCRA: Insights from Saunders v. Branch Banking Trust Co. of Virginia Introduction Saunders v. Branch Banking Trust Company of Virginia is...

United States v. Lentz: Affirming the "Interstate Commerce" Element in Federal Kidnapping Cases

Date: May 13, 2008

United States v. Lentz: Affirming the "Interstate Commerce" Element in Federal Kidnapping Cases Introduction The case of United States of America v. Jay E. Lentz, decided by the United States Court...

Affirmation of Summary Judgment Standards in VCCA and VUTSA Claims: Othentec Limited v. Phelan et al.

Date: May 13, 2008

Affirmation of Summary Judgment Standards in VCCA and VUTSA Claims: Othentec Limited v. Phelan et al. Introduction The case Othentec Limited; Othentec Ltd; EC4 Technologies Limited v. Jeffrey Phelan;...

Application of the PLRA's "Three Strikes" Rule in Dismissing Prisoner’s §1983 Claims

Date: May 12, 2008

Application of the PLRA's "Three Strikes" Rule in Dismissing Prisoner’s §1983 Claims Introduction The case of Willie S. Merriweather v. Cecilia Reynolds et al. serves as a pivotal example of the...

Fourth Circuit Upholds Requirement for Individual Drug Quantity Findings in Drug Conspiracy Cases: Analysis of United States v. Brooks et al.

Date: May 9, 2008

Fourth Circuit Upholds Requirement for Individual Drug Quantity Findings in Drug Conspiracy Cases: Analysis of United States v. Brooks et al. Introduction In the landmark case of United States of...

Franks Hearing Eligibility Enhanced: United States v. Davon Tate

Date: May 7, 2008

Franks Hearing Eligibility Enhanced: United States v. Davon Tate Introduction In the landmark case United States v. Davon Tate (524 F.3d 449), the United States Court of Appeals for the Fourth...

Overbreadth and Vagueness in Campaign Finance Laws: Fourth Circuit Rules Against North Carolina Provisions

Date: May 2, 2008

Overbreadth and Vagueness in Campaign Finance Laws: Fourth Circuit Rules Against North Carolina Provisions Introduction In the case of North Carolina Right to Life, Incorporated v. Larry Leake, 525...

Fourth Circuit Validates North Carolina's Matching Funds Provisions for Judicial Campaigns

Date: May 2, 2008

Fourth Circuit Validates North Carolina's Matching Funds Provisions for Judicial Campaigns Introduction The case of NORTH CAROLINA RIGHT TO LIFE COMMITTEE FUND FOR INDEPENDENT POLITICAL EXPENDITURES...

Protecting Individual Rights in Public Forums: A Comprehensive Analysis of WILLIS v. TOWN OF MARSHALL

Date: May 1, 2008

Protecting Individual Rights in Public Forums: A Comprehensive Analysis of WILLIS v. TOWN OF MARSHALL Introduction WILLIS v. TOWN OF MARSHALL is a significant case decided by the United States Court...

Excessive Force in Post-Arrest Situations: Sonja Orem v. Matt Rephann and the Fourteenth Amendment

Date: Apr 29, 2008

Excessive Force in Post-Arrest Situations: Sonja Orem v. Matt Rephann and the Fourteenth Amendment Introduction Sonja Orem v. Matt Rephann is a pivotal case adjudicated by the United States Court of...

Affirmation of Magistrate Judges' Authority to Accept Guilty Pleas and Limitation on Withdrawal Rights: United States v. Benton

Date: Apr 29, 2008

Affirmation of Magistrate Judges' Authority to Accept Guilty Pleas and Limitation on Withdrawal Rights: United States v. Benton Introduction In the landmark case of United States of America v. Cedric...

Affirming 'Diligent Prosecution' as a Bar to Citizen Suits Under the Clean Water Act in Piney Run Preservation Ass’n v. Carroll County

Date: Apr 24, 2008

Affirming 'Diligent Prosecution' as a Bar to Citizen Suits Under the Clean Water Act in Piney Run Preservation Ass’n v. Carroll County Introduction The case of The Piney Run Preservation Association...

Fourth Circuit Clarifies Judicial Discretion in Awarding Statutory Damages under the Wiretap Act

Date: Apr 22, 2008

Fourth Circuit Clarifies Judicial Discretion in Awarding Statutory Damages under the Wiretap Act Introduction In the case of DIRECTV, Inc. v. John J. Rawlins, 523 F.3d 318 (4th Cir. 2008), the United...

Derivative Standing under ERISA: Sikora v. Fidelity Group

Date: Apr 17, 2008

Derivative Standing under ERISA: Sikora v. Fidelity Group Introduction The case of Linda Brown and Beth Abernathy v. Sikora and Associates, Incorporated, et al. presents significant implications for...

Affirmation of Conspiracy and Murder Convictions under 21 U.S.C. §§ 841 & 846 and 18 U.S.C. § 924(j)

Date: Apr 17, 2008

Affirmation of Conspiracy and Murder Convictions under 21 U.S.C. §§ 841 & 846 and 18 U.S.C. § 924(j) Introduction United States of America v. Kenneth Roshaun Reid, 523 F.3d 310 (4th Cir. 2008), is a...

Clarifying 'Crime of Violence': Sexual Abuse of a Minor Under the U.S. Sentencing Guidelines

Date: Apr 12, 2008

Clarifying 'Crime of Violence': Sexual Abuse of a Minor Under the U.S. Sentencing Guidelines Introduction In the landmark case UNITED STATES of America v. Raul Diaz-Ibarra, the United States Court of...

Balancing Sixth Amendment Confrontation Rights and Rape Shield Protections: Barbe v. McBride

Date: Apr 8, 2008

Balancing Sixth Amendment Confrontation Rights and Rape Shield Protections: Barbe v. McBride Introduction Donald R. Barbe, a petitioner-appellant, appealed his conviction on several counts of incest,...

Strict Enforcement of EEOC Timeliness and Jurisdiction in Employment Discrimination: Insights from Bratcher v. Pharmaceutical Product Development, Inc.

Date: Apr 8, 2008

Strict Enforcement of EEOC Timeliness and Jurisdiction in Employment Discrimination: Insights from Bratcher v. Pharmaceutical Product Development, Inc. Introduction The case Carol Holder Bratcher v....

4th Circuit Clarifies Standards for Hostile Work Environment under Title VII in EEOC v. Sunbelt Rentals

Date: Apr 1, 2008

4th Circuit Clarifies Standards for Hostile Work Environment under Title VII in EEOC v. Sunbelt Rentals Introduction The case of Equal Employment Opportunity Commission (EEOC) v. Sunbelt Rentals,...

Fourth Circuit Clarifies AEDPA Standards for Ineffective Assistance of Counsel Claims on Parole Ineligibility

Date: Mar 29, 2008

Fourth Circuit Clarifies AEDPA Standards for Ineffective Assistance of Counsel Claims on Parole Ineligibility Introduction The case of Jose Bustos v. William White et al., decided by the United...

Previous Next