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  • Commentaries
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4th Circuit Case Commentaries

Retaliation Protections for Former Employees Under the FLSA: Darveau v. Detecon

Retaliation Protections for Former Employees Under the FLSA: Darveau v. Detecon

Date: Feb 1, 2008
Retaliation Protections for Former Employees Under the FLSA: Darveau v. Detecon Introduction In Larry Darveau v. Detecon, Inc., 515 F.3d 334 (4th Cir. 2008), the United States Court of Appeals for...
United States v. Osborne: Establishing the Scope of Abduction Enhancement in Robbery Convictions

United States v. Osborne: Establishing the Scope of Abduction Enhancement in Robbery Convictions

Date: Jan 30, 2008
United States v. Osborne: Establishing the Scope of Abduction Enhancement in Robbery Convictions Introduction In United States of America v. Sean Christopher Osborne, 514 F.3d 377 (4th Cir. 2008),...
Expansion of Breach of Contract Claims Recognized Over Summary Judgment in Barclay White Skanska v. Battelle Memorial

Expansion of Breach of Contract Claims Recognized Over Summary Judgment in Barclay White Skanska v. Battelle Memorial

Date: Jan 30, 2008
Expansion of Breach of Contract Claims Recognized Over Summary Judgment in Barclay White Skanska v. Battelle Memorial Introduction The case of Barclay White Skanska, Inc. v. Battelle Memorial...
Enhancing the Standards for Reasonable Suspicion: A Comprehensive Analysis of United States v. McCoy

Enhancing the Standards for Reasonable Suspicion: A Comprehensive Analysis of United States v. McCoy

Date: Jan 26, 2008
Enhancing the Standards for Reasonable Suspicion: A Comprehensive Analysis of United States v. McCoy Introduction In the pivotal case of United States of America v. Stanaus McCoy, 513 F.3d 405 (4th...
Clarifying Arbitration Award Interpretation: Burlington Insurance v. Trygg-Hansa

Clarifying Arbitration Award Interpretation: Burlington Insurance v. Trygg-Hansa

Date: Jan 18, 2008
Clarifying Arbitration Award Interpretation: Burlington Insurance v. Trygg-Hansa Introduction The case of The Burlington Insurance Company; First Financial Insurance Company; Burlington Insurance...
Notice Requirements in §2255 Recharacterization: Impact of United States v. Blackstock

Notice Requirements in §2255 Recharacterization: Impact of United States v. Blackstock

Date: Jan 10, 2008
Notice Requirements in §2255 Recharacterization: Impact of United States v. Blackstock Introduction The case of United States of America v. Ian Ralph Blackstock, decided by the United States Court of...
Reaffirming the Abuse of Discretion Standard in ERISA Disability Claims: Evans v. Eaton Corporation

Reaffirming the Abuse of Discretion Standard in ERISA Disability Claims: Evans v. Eaton Corporation

Date: Jan 9, 2008
Reaffirming the Abuse of Discretion Standard in ERISA Disability Claims: Evans v. Eaton Corporation Introduction The case of Brenda Evans v. Eaton Corporation Long Term Disability Plan (514 F.3d 315)...
Bowie v. Branker: Clarifying Standards for Ineffective Assistance of Counsel in Sentencing

Bowie v. Branker: Clarifying Standards for Ineffective Assistance of Counsel in Sentencing

Date: Jan 4, 2008
Bowie v. Branker: Clarifying Standards for Ineffective Assistance of Counsel in Sentencing 1. Introduction Bowie v. Branker, 512 F.3d 112 (4th Cir. 2008), is a pivotal case that examines the...
Strict Enforcement of the Mandate Rule in Attorneys' Fees Awards: Analysis of Buck DOE v. CHAO

Strict Enforcement of the Mandate Rule in Attorneys' Fees Awards: Analysis of Buck DOE v. CHAO

Date: Dec 29, 2007
Strict Enforcement of the Mandate Rule in Attorneys' Fees Awards: Analysis of Buck DOE v. CHAO Introduction Buck Doe and other plaintiffs initiated legal action against Elaine L. Chao, Secretary of...
Affirmation of Discretionary Sentencing Variance Under 18 U.S.C. § 3553(a): United States v. Pauley

Affirmation of Discretionary Sentencing Variance Under 18 U.S.C. § 3553(a): United States v. Pauley

Date: Dec 29, 2007
Affirmation of Discretionary Sentencing Variance Under 18 U.S.C. § 3553(a): United States v. Pauley Introduction United States of America v. Larry Pauley is a significant appellate case adjudicated...
Comprehensive Commentary on Suzanne Sloane v. Equifax Information Services, LLC: Establishing Standards for Emotional Distress Damages under the FCRA

Comprehensive Commentary on Suzanne Sloane v. Equifax Information Services, LLC: Establishing Standards for Emotional Distress Damages under the FCRA

Date: Dec 28, 2007
Fourth Circuit Establishes Standards for Emotional Distress Damages under the FCRA Introduction In the landmark case of Suzanne Sloane v. Equifax Information Services, LLC, decided by the United...
Dismissal of Unconventional Mortgage Payment Claims: Bryant v. Washington Mutual Bank

Dismissal of Unconventional Mortgage Payment Claims: Bryant v. Washington Mutual Bank

Date: Dec 20, 2007
Dismissal of Unconventional Mortgage Payment Claims: Bryant v. Washington Mutual Bank Introduction The case of Maureen Bryant v. Washington Mutual Bank, Howard Bierman, and Bierman, Geesing, Ward,...
Interpreting 'Tax Loss' in Sentencing Guidelines: Delfino v. United States

Interpreting 'Tax Loss' in Sentencing Guidelines: Delfino v. United States

Date: Dec 19, 2007
Interpreting 'Tax Loss' in Sentencing Guidelines: Delfino v. United States Introduction The case of United States of America v. James Dominic Delfino, decided by the United States Court of Appeals...
Finality of Bankruptcy Proceedings and Mandatory Claim Filing: U.S. Airways v. Bosiger

Finality of Bankruptcy Proceedings and Mandatory Claim Filing: U.S. Airways v. Bosiger

Date: Dec 15, 2007
Finality of Bankruptcy Proceedings and Mandatory Claim Filing: U.S. Airways v. Bosiger Introduction The case of Edwin Perrow Bosiger, Jr. v. U.S. Airways, Inc., decided by the United States Court of...
Affirmation of Admissibility of Prior Sexual Offenses and Interpretation of 18 U.S.C. §2423(b) – United States v. Randy Kelly

Affirmation of Admissibility of Prior Sexual Offenses and Interpretation of 18 U.S.C. §2423(b) – United States v. Randy Kelly

Date: Dec 13, 2007
Affirmation of Admissibility of Prior Sexual Offenses and Interpretation of 18 U.S.C. §2423(b) – United States v. Randy Kelly Introduction In the case of United States v. Randy Kelly, 510 F.3d 433...
Ensuring Factual Basis in Guilty Pleas: Insights from United States v. Mastrapa

Ensuring Factual Basis in Guilty Pleas: Insights from United States v. Mastrapa

Date: Dec 13, 2007
Ensuring Factual Basis in Guilty Pleas: Insights from United States v. Mastrapa Introduction United States v. Jose Alejandro Mastrapa is a pivotal case decided by the United States Court of Appeals...
Fair Labor Standards Act Preempts State Claims in Anderson v. Sara Lee Corp.

Fair Labor Standards Act Preempts State Claims in Anderson v. Sara Lee Corp.

Date: Nov 20, 2007
Fair Labor Standards Act Preempts State Claims in Anderson v. Sara Lee Corporation Introduction The case of David C. Anderson and Samuel Pullen v. Sara Lee Corporation represents a pivotal moment in...
Fourth Circuit Upholds Statute of Limitations in Antitrust Litigation: GO Computer Inc. v. Microsoft Corp.

Fourth Circuit Upholds Statute of Limitations in Antitrust Litigation: GO Computer Inc. v. Microsoft Corp.

Date: Nov 20, 2007
Fourth Circuit Upholds Statute of Limitations in Antitrust Litigation: GO Computer Inc. v. Microsoft Corp. Introduction The case of GO Computer, Incorporated and S. Jerrold Kaplan versus Microsoft...
Fourth Circuit Reinforces Standards for Constructive Amendments and Individualized Sentencing in Drug Conspiracy Convictions

Fourth Circuit Reinforces Standards for Constructive Amendments and Individualized Sentencing in Drug Conspiracy Convictions

Date: Nov 14, 2007
Fourth Circuit Reinforces Standards for Constructive Amendments and Individualized Sentencing in Drug Conspiracy Convictions Introduction The case of United States of America v. Foster et al. (507...
Trademark Parody and Dilution: Louis Vuitton v. Haute Diggity Dog Affirmed

Trademark Parody and Dilution: Louis Vuitton v. Haute Diggity Dog Affirmed

Date: Nov 14, 2007
Trademark Parody and Dilution: Louis Vuitton v. Haute Diggity Dog Affirmed Introduction In the landmark case of LOUIS VUITTON MALLETIER S.A. v. HAUTE DIGGITY DOG, LLC, the United States Court of...
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