4th Circuit Case Commentaries

Federal Courts Limited to Formal EEOC Charges in Title VII Claims: Balas v. Huntington Ingalls Industries, Inc.

Date: Mar 16, 2013

Federal Courts Limited to Formal EEOC Charges in Title VII Claims: Balas v. Huntington Ingalls Industries, Inc. Introduction In Balas v. Huntington Ingalls Industries, Inc. (4th Cir. 2013), Karen B....

Fourth Circuit Clarifies Customer Definition under FINRA Rule 12200 in Raymond James Financial Services v. Cary

Date: Mar 9, 2013

Fourth Circuit Clarifies Customer Definition under FINRA Rule 12200 in Raymond James Financial Services v. Cary Introduction The case of Raymond James Financial Services, Incorporated v. Cary et al....

Fourth Circuit Affirms 'Accidental' Exclusion for Intentional Acts in Insurance Duty to Defend under California Law

Date: Mar 8, 2013

Fourth Circuit Affirms 'Accidental' Exclusion for Intentional Acts in Insurance Duty to Defend under California Law Introduction In Thomas Michael Francis; Danielle Francis v. Allstate Insurance...

Helton v. AT&T Inc.: Affirming Retroactive ERISA Benefits and Expanding Consideration of Extrinsic Evidence

Date: Mar 7, 2013

Helton v. AT&T Inc.: Affirming Retroactive ERISA Benefits and Expanding Consideration of Extrinsic Evidence Introduction In Francine Helton v. AT&T Inc.; AT&T Pension Benefit Plan, 709 F.3d 343 (4th...

Fourth Circuit Upholds Preliminary Injunction in PCS Eligibility Class Action, Remands for Rule 65 Compliance

Date: Mar 6, 2013

Fourth Circuit Upholds Preliminary Injunction in PCS Eligibility Class Action, Remands for Rule 65 Compliance Introduction The case of Henry Pashby et al. v. Albert Delia, Secretary of N.C....

Mann v. United States: Reaffirming Limitations on Sentencing Reductions Under Amendment 750

Date: Mar 5, 2013

Mann v. United States: Reaffirming Limitations on Sentencing Reductions Under Amendment 750 Introduction Mann v. United States, 709 F.3d 301 (4th Cir. 2013), addresses the complexities surrounding...

Fourth Circuit Strengthens Fourth Amendment Rights: Unlawful Seizure Without Reasonable Suspicion in United States v. Black

Date: Feb 26, 2013

Fourth Circuit Strengthens Fourth Amendment Rights: Unlawful Seizure Without Reasonable Suspicion in United States v. Black Introduction United States of America v. Nathaniel Black, 707 F.3d 531 (4th...

Enforcement of Valid Appeal Waivers in Federal Sentencing: United States v. Copeland

Date: Feb 26, 2013

Enforcement of Valid Appeal Waivers in Federal Sentencing: United States v. Copeland Introduction In the case of United States of America v. Larry Junior Copeland, decided by the United States Court...

Fourth Circuit Clarifies Standards for Content-Based Regulations in Solicitation Ordinances Under the First Amendment

Date: Feb 22, 2013

Fourth Circuit Clarifies Standards for Content-Based Regulations in Solicitation Ordinances Under the First Amendment Introduction In the case of Albert Clatterbuck et al. v. City of Charlottesville,...

Affirmation of Admiralty Jurisdiction in Enforcement of Foreign Maritime Judgments

Date: Feb 9, 2013

Affirmation of Admiralty Jurisdiction in Enforcement of Foreign Maritime Judgments Introduction The case of VITOL, S.A. v. PRIMEROSE SHIPPING COMPANY LTD; Spartacus Navigation Corporation adjudicated...

Affirmation of Conviction Despite Sixth Amendment Considerations in Williamson v. United States

Date: Feb 5, 2013

Affirmation of Conviction Despite Sixth Amendment Considerations in Williamson v. United States Introduction Williamson v. United States is a pivotal case adjudicated by the United States Court of...

Defining "Customer" Status in FINRA Arbitration: Insights from Morgan Keegan & Co. v. Silverman

Date: Feb 5, 2013

Defining "Customer" Status in FINRA Arbitration: Insights from Morgan Keegan & Co., Inc. v. Silverman Introduction The case of Morgan Keegan & Company, Inc. v. Louise Silverman adjudicated by the...

Clarifying Qualified Immunity in Law Enforcement: Insights from William Meyers, Sr. v. Baltimore County

Date: Feb 2, 2013

Clarifying Qualified Immunity in Law Enforcement: Insights from William Meyers, Sr. v. Baltimore County Introduction The case of William Meyers, Sr., Individually; as the next friend of and Personal...

Deliberate Indifference in Providing Sex Reassignment Surgery for GID under the Eighth Amendment: The De'lonta v. Johnson Decision

Date: Jan 29, 2013

Deliberate Indifference in Providing Sex Reassignment Surgery for Gender Identity Disorder under the Eighth Amendment: The De'lonta v. Johnson Decision Introduction The case of Ophelia Azriel...

Tobey v. Jones: Strengthening First Amendment Protections Against Retaliatory Actions in Airport Security Settings

Date: Jan 26, 2013

Tobey v. Jones: Strengthening First Amendment Protections Against Retaliatory Actions in Airport Security Settings Introduction In the landmark case of Aaron Tobey v. Terri Jones, the United States...

Merzbacher v. Shearin & Gansler: Defining Effective Assistance in Plea Negotiations

Date: Jan 26, 2013

Merzbacher v. Shearin & Gansler: Defining Effective Assistance in Plea Negotiations Introduction In Merzbacher v. Shearin; Gansler, 706 F.3d 356 (4th Cir. 2013), the United States Court of Appeals...

Fourth Circuit Upholds Secrecy of §2703(d) Orders: Implications for First Amendment Rights

Date: Jan 26, 2013

Fourth Circuit Upholds Secrecy of §2703(d) Orders: Implications for First Amendment Rights Introduction The case of In re Application of the UNITED STATES of America for an Order Pursuant to 18...

FINRA Arbitration Obligations: UBS Financial Services, Inc. v. Carilion Clinic

Date: Jan 24, 2013

FINRA Arbitration Obligations: UBS Financial Services, Inc. v. Carilion Clinic Introduction The case UBS Financial Services, Inc.; Citigroup Global Markets, Incorporated v. Carilion Clinic,...

No Article III Standing for ERISA Claims in Overfunded Defined Benefit Pension Plans

Date: Jan 15, 2013

No Article III Standing for ERISA Claims in Overfunded Defined Benefit Pension Plans Introduction In the case of Elena M. David et al. v. J. Steele Alphin et al., the United States Court of Appeals...

Fourth Circuit Upholds Strict Pleading Standards under the False Claims Act: Emphasis on Specific Presentment of False Claims

Date: Jan 12, 2013

Fourth Circuit Upholds Strict Pleading Standards under the False Claims Act: Emphasis on Specific Presentment of False Claims Introduction In the case of UNITED STATES ex rel. Noah Nathan v. Takeda...