4th Circuit Case Commentaries

Reinforcing the Pregnancy Discrimination Act’s Application within Sex Discrimination Framework: Young v. UPS

Date: Jan 10, 2013

Reinforcing the Pregnancy Discrimination Act’s Application within Sex Discrimination Framework: Young v. UPS Introduction Young v. United Parcel Service, Inc., 707 F.3d 437 (4th Cir. 2013), is a...

4th Circuit Upholds UPS's Employment Policy Under PDA and ADA: Implications for Pregnancy Discrimination Claims

Date: Jan 10, 2013

4th Circuit Upholds UPS's Employment Policy Under PDA and ADA: Implications for Pregnancy Discrimination Claims Introduction In the landmark case of Peggy Young v. United Parcel Service, Inc., the...

FedEx v. Laing: Reinforcing Comparator Evidence in FMLA Retaliation Claims

Date: Jan 10, 2013

FedEx v. Laing: Reinforcing Comparator Evidence in FMLA Retaliation Claims Introduction In the landmark case of Kimberly Laing v. Federal Express Corporation, the United States Court of Appeals for...

Enforcement Limitations on HAMP: Private Plaintiffs Restricted from State Law Claims

Date: Jan 9, 2013

Enforcement Limitations on HAMP: Private Plaintiffs Restricted from State Law Claims Introduction In the case of Robert C. Goss, et al. v. Bank of America, N.A. (No. CCB–12–2680), the United States...

Unreasonable Detention and the Fourth Amendment: Analysis of United States v. Watson

Date: Jan 3, 2013

Unreasonable Detention and the Fourth Amendment: Analysis of United States v. Watson Introduction United States of America v. Prentiss Watson (703 F.3d 684) is a significant appellate decision from...

Interpretation of "Sexual Activity" in 18 U.S.C. §2422(b): A Comprehensive Analysis of United States v. Fugit

Date: Jan 1, 2013

Interpretation of "Sexual Activity" in 18 U.S.C. §2422(b): A Comprehensive Analysis of United States v. Fugit Introduction The case of United States of America v. Timothy Andrew Fugit, adjudicated by...

Loren Data v. GXS, Inc.: 4th Circuit Upholds Dismissal of Antitrust Claims Under Sherman Act

Date: Dec 27, 2012

Loren Data v. GXS, Inc.: 4th Circuit Upholds Dismissal of Antitrust Claims Under Sherman Act Introduction The case of Loren Data Corporation ("Loren Data") versus GXS, Inc. ("GXS") was adjudicated by...

Separation of VA Benefits Adjudication and FTCA Claims: Establishing Independent Legal Paths in Butler v. United States

Date: Dec 20, 2012

Separation of VA Benefits Adjudication and FTCA Claims: Establishing Independent Legal Paths in Butler v. United States Introduction Butler v. United States is a pivotal case heard by the United...

Boundaries of Qualified Immunity in Section 1983 Claims: An Analysis of Da v. Evans et al.

Date: Dec 18, 2012

Boundaries of Qualified Immunity in Section 1983 Claims: An Analysis of Da v. Evans et al. Introduction Da v. d F. Evans; Collin Finnerty; Reade Seligmann, et al. (703 F.3d 636), adjudicated by the...

Affirmation of Summary Judgment in Race Discrimination and Retaliation Claims

Date: Dec 15, 2012

Affirmation of Summary Judgment in Race Discrimination and Retaliation Claims Introduction The case of Anthony D. Harris v. The Home Sales Company et al. pertains to allegations of racial...

Refining the Definition of 'Crime of Violence': Fourth Circuit Limits Sentencing Enhancements for Threat Offenses

Date: Dec 14, 2012

Refining the Definition of 'Crime of Violence': Fourth Circuit Limits Sentencing Enhancements for Threat Offenses Introduction In the case of United States of America v. Jesus Torres–Miguel, the...

Fourth Circuit Affirms 60-Month Sentence for Dogfighting Under Animal Welfare Act in Hargrove v. United States

Date: Dec 13, 2012

Fourth Circuit Affirms 60-Month Sentence for Dogfighting Under Animal Welfare Act in Hargrove v. United States Introduction In United States v. Hargrove, the United States Court of Appeals for the...

Fourth Circuit Establishes Employer Definition Under ADA: Reynolds v. American National Red Cross

Date: Dec 8, 2012

Fourth Circuit Establishes Employer Definition Under ADA: Reynolds v. American National Red Cross Introduction In Benjamin Reynolds v. American National Red Cross, the United States Court of Appeals...

Transportation Money Laundering Under 18 U.S.C. § 1956(a)(2)(B)(i): Insights from United States v. Roger Charles Day, Jr.

Date: Nov 30, 2012

Transportation Money Laundering Under 18 U.S.C. § 1956(a)(2)(B)(i): Insights from United States v. Roger Charles Day, Jr. Introduction In the landmark case of United States of America v. Roger...

Enforceability of Arbitration Agreements under the FAA and Waiver by Delay: Analysis of Rota–McLarty v. Santander Consumer USA

Date: Nov 29, 2012

Enforceability of Arbitration Agreements under the FAA and Waiver by Delay: Analysis of Rota–McLarty v. Santander Consumer USA Introduction In the case of Antonia Rota–McLarty v. Santander Consumer...

Retrospective Consideration of Post-DLI Evidence and Weighting of VA Disability Ratings in SSA Disability Determinations: Bird v. SSA, Fourth Circuit, 2012

Date: Nov 10, 2012

Retrospective Consideration of Post-DLI Evidence and Weighting of VA Disability Ratings in SSA Disability Determinations: Bird v. SSA, Fourth Circuit, 2012 Introduction In the landmark case Earl...

90-Day Filing Requirement in Civil Forfeiture Not Jurisdictional: Insights from Wilson v. United States

Date: Nov 9, 2012

90-Day Filing Requirement in Civil Forfeiture Not Jurisdictional: Insights from Wilson v. United States Introduction United States of America v. Donald Jamal Wilson, 699 F.3d 789 (4th Cir. 2012), is...

Application of the Economic Loss Rule in Product Liability: Ellis v. Louisiana–Pacific Corp.

Date: Nov 3, 2012

Application of the Economic Loss Rule in Product Liability: Ellis v. Louisiana–Pacific Corp. Introduction Ellis v. Louisiana–Pacific Corp. is a pivotal case adjudicated by the United States Court of...

Limits of Nunc pro Tunc in Extending Statute of Limitations: GLYNNE v. WILMED HEALTHCARE

Date: Oct 19, 2012

Limits of Nunc pro Tunc in Extending Statute of Limitations: GLYNNE v. WILMED HEALTHCARE Introduction Rose L. Glynne, Md, a board-certified obstetrician/gynecologist, filed a lawsuit against Wilmed...

Reaffirming the Standards for Civil Commitment of Sexually Dangerous Persons: Insights from United States v. Wooden

Date: Sep 7, 2012

Reaffirming the Standards for Civil Commitment of Sexually Dangerous Persons: Insights from United States v. Wooden Introduction In the landmark case of United States v. Wooden, the United States...