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  • Commentaries
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4th Circuit Case Commentaries

Meyer v. Branker: Upholding Standards for Effective Assistance of Counsel in Capital Sentencing

Meyer v. Branker: Upholding Standards for Effective Assistance of Counsel in Capital Sentencing

Date: Nov 14, 2007
Meyer v. Branker: Upholding Standards for Effective Assistance of Counsel in Capital Sentencing Introduction The case of Meyer v. Branker, decided by the United States Court of Appeals for the Fourth...
Affirmation of Dismissal in Pole-Attachment Rate Dispute: Time Warner v. Carteret-Craven Electric

Affirmation of Dismissal in Pole-Attachment Rate Dispute: Time Warner v. Carteret-Craven Electric

Date: Nov 1, 2007
Affirmation of Dismissal in Pole-Attachment Rate Dispute: Time Warner Entertainment-Advance/Newhouse Partnership v. Carteret-Craven Electric Membership Corporation Introduction In the case of Time...
Dismissal of Inmate's First Amendment Challenge Due to Mootness: Lumumba Kenyatta Incumaa v. Jonathan E. Ozmint

Dismissal of Inmate's First Amendment Challenge Due to Mootness: Lumumba Kenyatta Incumaa v. Jonathan E. Ozmint

Date: Oct 30, 2007
Dismissal of Inmate's First Amendment Challenge Due to Mootness Introduction In the case of Lumumba Kenyatta Incumaa, a/k/a Theodore Harrison v. Jonathan E. Ozmint, Director of the South Carolina...
Maintenance Manuals and Warranty Integration: Insights from Colgan Air v. Raytheon Aircraft Co.

Maintenance Manuals and Warranty Integration: Insights from Colgan Air v. Raytheon Aircraft Co.

Date: Oct 19, 2007
Maintenance Manuals and Warranty Integration: Insights from Colgan Air v. Raytheon Aircraft Co. Introduction The case Colgan Air, Inc. v. Raytheon Aircraft Company (507 F.3d 270) adjudicated by the...
Enforceability of Arbitration Clauses in Antitrust Litigation: Insights from IN RE COTTON YARN ANTITRUST LITIGATION

Enforceability of Arbitration Clauses in Antitrust Litigation: Insights from IN RE COTTON YARN ANTITRUST LITIGATION

Date: Oct 13, 2007
Enforceability of Arbitration Clauses in Antitrust Litigation: Insights from IN RE COTTON YARN ANTITRUST LITIGATION Introduction The case of IN RE COTTON YARN ANTITRUST LITIGATION (505 F.3d 274)...
Seventh Amendment Jury Trial Rights in Admiralty Cases: In re Lockheed Martin Corporation

Seventh Amendment Jury Trial Rights in Admiralty Cases: In re Lockheed Martin Corporation

Date: Sep 28, 2007
Seventh Amendment Jury Trial Rights in Admiralty Cases: In re Lockheed Martin Corporation Introduction The case of Lockheed Martin Corporation v. National Casualty Company (503 F.3d 351, 2007)...
Seizure Defined by Intent to Use Force, Even Amidst Mistaken Weapon Use: Insights from HENRY v. PURNELL

Seizure Defined by Intent to Use Force, Even Amidst Mistaken Weapon Use: Insights from HENRY v. PURNELL

Date: Sep 21, 2007
Seizure Defined by Intent to Use Force, Even Amidst Mistaken Weapon Use: Insights from HENRY v. PURNELL Introduction In Frederick P. Henry v. Robert Purnell, 501 F.3d 374 (4th Cir. 2007), the United...
Enforcement of Medicaid Act's Reasonable Promptness Provision Through §1983: Doe v. South Carolina Department of Disabilities and Special Needs

Enforcement of Medicaid Act's Reasonable Promptness Provision Through §1983: Doe v. South Carolina Department of Disabilities and Special Needs

Date: Sep 20, 2007
Enforcement of Medicaid Act's Reasonable Promptness Provision Through §1983: Doe v. South Carolina Department of Disabilities and Special Needs Introduction In the appellate case of Sue Doe v. Linda...
Conditional Acceptance of Guilty Pleas Under Rule 11(d): Insights from United States v. Battle

Conditional Acceptance of Guilty Pleas Under Rule 11(d): Insights from United States v. Battle

Date: Sep 6, 2007
Conditional Acceptance of Guilty Pleas Under Rule 11(d): Insights from United States v. Battle Introduction United States v. Battle, 499 F.3d 315 (4th Cir. 2007), addresses critical issues...
Fourth Circuit Narrows Burford Abstention in Constitutional Challenges to State Gambling Regulations

Fourth Circuit Narrows Burford Abstention in Constitutional Challenges to State Gambling Regulations

Date: Aug 30, 2007
Fourth Circuit Narrows Burford Abstention in Constitutional Challenges to State Gambling Regulations Introduction In the appellate case Jimmy Martin; Lucky Strike LLC, Plaintiffs-Appellants v. Robert...
Proper Application of Summary Judgment Standards in Bankruptcy Discharge Cases: In re Elwood Dean French

Proper Application of Summary Judgment Standards in Bankruptcy Discharge Cases: In re Elwood Dean French

Date: Aug 28, 2007
Proper Application of Summary Judgment Standards in Bankruptcy Discharge Cases: In re Elwood Dean French Introduction In the case of In re Elwood Dean French, Debtor, the United States Court of...
Affirming the Non-Testimonial Nature of Machine-Generated Data in DUI Cases: U.S. v. Washington

Affirming the Non-Testimonial Nature of Machine-Generated Data in DUI Cases: U.S. v. Washington

Date: Aug 23, 2007
Affirming the Non-Testimonial Nature of Machine-Generated Data in DUI Cases: U.S. v. Washington Introduction In the landmark case of United States v. Dwonne A. Washington, decided by the United...
Derivative Jurisdiction in Federal Officer Removal Cases: Palmer v. City National Bank

Derivative Jurisdiction in Federal Officer Removal Cases: Palmer v. City National Bank

Date: Aug 17, 2007
Derivative Jurisdiction in Federal Officer Removal Cases: Palmer v. City National Bank Introduction In the case of John Palmer & Stacey Palmer v. City National Bank of West Virginia et al., the...
Fourth Circuit Establishes Exclusive District Court Jurisdiction for Naturalization Cases under 8 U.S.C. §1447(b)

Fourth Circuit Establishes Exclusive District Court Jurisdiction for Naturalization Cases under 8 U.S.C. §1447(b)

Date: Aug 3, 2007
Fourth Circuit Establishes Exclusive District Court Jurisdiction for Naturalization Cases under 8 U.S.C. §1447(b) Introduction The case of Max Alobwede Etape et al. v. Michael C. Chertoff addressed a...
Fourth Circuit Upholds Fiduciary Discretion in Employer Stock Inclusion under ERISA: U.S. Airways Case Commentary

Fourth Circuit Upholds Fiduciary Discretion in Employer Stock Inclusion under ERISA: U.S. Airways Case Commentary

Date: Aug 2, 2007
Fourth Circuit Upholds Fiduciary Discretion in Employer Stock Inclusion under ERISA: U.S. Airways Case Commentary Introduction The case of Vincent D. DiFELICE, on behalf of himself and all others...
Goodman v. Praxair, Inc.: Rule 15(c) Relation-Back and Statute of Limitations in Successor Liability

Goodman v. Praxair, Inc.: Rule 15(c) Relation-Back and Statute of Limitations in Successor Liability

Date: Jul 26, 2007
Goodman v. Praxair, Inc.: Rule 15(c) Relation-Back and Statute of Limitations in Successor Liability Introduction In the case of Marc B. Goodman v. Praxair, Inc.; Praxair Services, Inc., the United...
Credibility Assessments and Substantial Evidence in Asylum Denials: The Dankam v. Gonzales Decision

Credibility Assessments and Substantial Evidence in Asylum Denials: The Dankam v. Gonzales Decision

Date: Jul 17, 2007
Credibility Assessments and Substantial Evidence in Asylum Denials: The Dankam v. Gonzales Decision Introduction Catherine Angele Dankam, a native and citizen of the Republic of Cameroon, filed a...
Reaffirmation of Judicial Restraint in Arbitrations: Three S Delaware, Inc. v. DataQuick Information Systems, Inc.

Reaffirmation of Judicial Restraint in Arbitrations: Three S Delaware, Inc. v. DataQuick Information Systems, Inc.

Date: Jul 13, 2007
Reaffirmation of Judicial Restraint in Arbitrations: Three S Delaware, Inc. v. DataQuick Information Systems, Inc. Introduction The case Three S Delaware, Incorporated, Successor in interest to...
Affirmation of Passenger Identification Protocols and Witness Testimony Regulations in Deportation Proceedings

Affirmation of Passenger Identification Protocols and Witness Testimony Regulations in Deportation Proceedings

Date: Jul 12, 2007
Affirmation of Passenger Identification Protocols and Witness Testimony Regulations in Deportation Proceedings Introduction In the case of United States of America v. Francisco Soriano-Jarquin (492...
Exhaustion of EEOC Remedies and Sanctions for Discovery Noncompliance: Sanjeev Malhotra v. KCI Technologies

Exhaustion of EEOC Remedies and Sanctions for Discovery Noncompliance: Sanjeev Malhotra v. KCI Technologies

Date: Jul 12, 2007
Exhaustion of EEOC Remedies and Sanctions for Discovery Noncompliance: Sanjeev Malhotra v. KCI Technologies Introduction The case of Sanjeev Malhotra v. KCI Technologies, Inc. (240 F. App'x 588)...
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