4th Circuit Case Commentaries

Prisoner FOIA Exclusion Upholds Under Rational Basis Review

Date: Mar 26, 2008

Prisoner FOIA Exclusion Upholds Under Rational Basis Review Introduction In the landmark case Joseph M. Giarratano v. Gene Johnson, et al., the United States Court of Appeals for the Fourth Circuit...

Balancing Diminished Capacity and Public Safety: Insights from United States v. Brewer

Date: Mar 21, 2008

Balancing Diminished Capacity and Public Safety: Insights from United States v. Brewer Introduction United States v. Arthur Leon Brewer, 520 F.3d 367 (4th Cir. 2008), presents a nuanced examination...

Fourth Circuit Affirms Denial of Habeas Corpus in Cagle v. Branker: Ineffective Assistance of Counsel Claims Rejected

Date: Mar 18, 2008

Fourth Circuit Affirms Denial of Habeas Corpus in Cagle v. Branker: Ineffective Assistance of Counsel Claims Rejected Introduction In Richard Eugene Cagle v. Gerald J. Branker et al., the United...

Enforcement of Non-Dischargeable Debt under 11 U.S.C §523(a)(4): The Strack v. Kubota Decision

Date: Mar 12, 2008

Enforcement of Non-Dischargeable Debt under 11 U.S.C §523(a)(4): The Strack v. Kubota Decision Introduction The case of In re Bruce E. Strack, Debtor versus Kubota Tractor Corporation explores the...

Notice of Removal Sufficiency Standard under 28 U.S.C. §1446: Fourth Circuit Clarifies Pleading Requirements

Date: Mar 11, 2008

Notice of Removal Sufficiency Standard under 28 U.S.C. §1446: Fourth Circuit Clarifies Pleading Requirements Introduction The case of Ralph Ellenburg v. Spartan Motors Chassis, Inc. serves as a...

Distinct Offenses Doctrine Affirmed: United States v. Yearwood

Date: Mar 7, 2008

Distinct Offenses Doctrine Affirmed: United States v. Yearwood Introduction United States of America v. Ayande Yearwood, 518 F.3d 220 (4th Cir. 2008), serves as a pivotal case affirming the principle...

Res Judicata and Younger Abstention in Environmental Law: Laurel Sand Gravel v. Shari T. Wilson

Date: Mar 6, 2008

Res Judicata and Younger Abstention in Environmental Law: Laurel Sand Gravel v. Shari T. Wilson Introduction In Laurel Sand Gravel, Incorporated v. Shari T. Wilson, 519 F.3d 156 (4th Cir. 2008), the...

Balancing Public Safety and Individual Rights: Insights from MORA v. CITY OF GAITHERSBURG

Date: Mar 5, 2008

Balancing Public Safety and Individual Rights: Insights from MORA v. CITY OF GAITHERSBURG Introduction The case of Anthony Marc Mora v. The City of Gaithersburg, Maryland explores the delicate...

Moore v. Bennette: Clarifying Exhaustion Requirements under the Prison Litigation Reform Act

Date: Feb 29, 2008

Moore v. Bennette: Clarifying Exhaustion Requirements under the Prison Litigation Reform Act Introduction Moore v. Bennette (517 F.3d 717, 4th Cir. 2008) is a pivotal case adjudicated by the United...

Strict Compliance with Objection Procedures Upholds Commissioner's Decision in Supplemental Security Income Denial

Date: Feb 27, 2008

Strict Compliance with Objection Procedures Upholds Commissioner's Decision in Supplemental Security Income Denial Introduction The case of Nilda N. Veney v. Michael J. Astrue, Commissioner of Social...

Affirmation of Guidelines Sentence in Drug Conspiracy Case: United States v. Emerson Reyes Go

Date: Feb 23, 2008

Affirmation of Guidelines Sentence in Drug Conspiracy Case: United States v. Emerson Reyes Go Introduction United States v. Emerson Reyes Go (517 F.3d 216, 4th Cir. 2008) is a pivotal case in the...

Affirmed: Upholding Legitimate Employer Reasons in Title VII Discrimination and Retaliation Claims – Amirmokri v. Department of Energy

Date: Feb 23, 2008

Affirmed: Upholding Legitimate Employer Reasons in Title VII Discrimination and Retaliation Claims – Amirmokri v. Department of Energy Introduction In the case of Homi N. Amirmokri v. Spencer...

Strickland Standard Upheld: Ineffective Assistance of Appellate Counsel in Death Penalty Sentencing – Lawrence v. Branker

Date: Feb 23, 2008

Strickland Standard Upheld: Ineffective Assistance of Appellate Counsel in Death Penalty Sentencing – Lawrence v. Branker 1. Introduction The case of Jimmie Wayne Lawrence v. Gerald J. Branker is a...

Expanding Asylum Protections Against Coercive Population Control: Insights from Li Fang Lin v. Mukasey

Date: Feb 21, 2008

Expanding Asylum Protections Against Coercive Population Control: Insights from Li Fang Lin v. Mukasey Introduction Li Fang Lin, a citizen of the People's Republic of China, faced severe...

ADA and Due Process in Zoning: A New Precedent from A Helping Hand, LLC v. Baltimore County

Date: Feb 13, 2008

ADA and Due Process in Zoning: A New Precedent from A Helping Hand, LLC v. Baltimore County Introduction A Helping Hand, LLC v. Baltimore County is a landmark case decided by the United States Court...

Affirmation of Habeas Corpus Denial in GREEN v. JOHNSON: Standards for Mental Retardation Claims and Ineffective Assistance of Counsel

Date: Feb 12, 2008

Affirmation of Habeas Corpus Denial in GREEN v. JOHNSON: Standards for Mental Retardation Claims and Ineffective Assistance of Counsel Introduction GREEN v. JOHNSON is a pivotal appellate decision...

Balancing Religious Accommodations and Employer Obligations: Insights from Firestone Fibers Textiles Co. v. EEOC

Date: Feb 12, 2008

Balancing Religious Accommodations and Employer Obligations: Insights from Firestone Fibers Textiles Co. v. EEOC Introduction The case of Equal Employment Opportunity Commission (EEOC) v. Firestone...

Reinstatement of Mann Act and Money Laundering Convictions: Clarifying Corporate Criminal Liability

Date: Feb 9, 2008

Reinstatement of Mann Act and Money Laundering Convictions: Clarifying Corporate Criminal Liability Introduction In the landmark case United States v. Surendra D. Singh, Dilipkumar Somabhai Patel,...

EEOC's Oversight of Contractual Discrimination under ADA Not Subject to Leedom Finality Exception: Holding in LTC Partners v. United States

Date: Feb 6, 2008

EEOC's Oversight of Contractual Discrimination under ADA Not Subject to Leedom Finality Exception: Holding in LTC Partners v. United States Introduction In the case of Long Term Care Partners, LLC v....

United States v. Udeozor: Upholding the Admissibility of Abusive Evidence in Conspiracy to Hold Involuntary Servitude

Date: Feb 2, 2008

United States v. Udeozor: Upholding the Admissibility of Abusive Evidence in Conspiracy to Hold Involuntary Servitude Introduction United States v. Adaobi Stella Udeozor is a pivotal appellate case...

Previous Next