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  • Commentaries
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4th Circuit Case Commentaries

Limits on Relation-Back in Amended Complaints: LOCKLEAR v. BERGMAN BEVING AB

Limits on Relation-Back in Amended Complaints: LOCKLEAR v. BERGMAN BEVING AB

Date: Aug 8, 2006
Limits on Relation-Back in Amended Complaints: LOCKLEAR v. BERGMAN BEVING AB Introduction Aaron Locklear filed a lawsuit against Luna AB and Bergman Beving AB, alleging a products liability claim...
Qualified Immunity in Excessive Force Cases: Distinguishing Seized Individuals from Innocent Bystanders

Qualified Immunity in Excessive Force Cases: Distinguishing Seized Individuals from Innocent Bystanders

Date: Aug 1, 2006
Qualified Immunity in Excessive Force Cases: Distinguishing Seized Individuals from Innocent Bystanders Introduction The case of Joseph C. Schultz and Kristen M. Harkum v. Christopher Braga et al....
Fourth Circuit Clarifies PLRA Three-Strikes Rule: Routine Dismissals for Exhaustion Do Not Count

Fourth Circuit Clarifies PLRA Three-Strikes Rule: Routine Dismissals for Exhaustion Do Not Count

Date: Jul 27, 2006
Fourth Circuit Clarifies PLRA Three-Strikes Rule: Routine Dismissals for Exhaustion Do Not Count Introduction In George Samuel GREEN, Jr. v. Stanley K. YOUNG et al., the United States Court of...
Affirmation of 18 U.S.C. §§ 922(g)(1) and 922(j) Convictions: Comprehensive Analysis of Aiding and Abetting Instruction and Multiplicity

Affirmation of 18 U.S.C. §§ 922(g)(1) and 922(j) Convictions: Comprehensive Analysis of Aiding and Abetting Instruction and Multiplicity

Date: Jul 25, 2006
Affirmation of 18 U.S.C. §§ 922(g)(1) and 922(j) Convictions: Comprehensive Analysis of Aiding and Abetting Instruction and Multiplicity Introduction The case of United States of America v. William...
Procedural Default and Exhaustion in Federal Habeas Corpus: Insights from Sparrow v. Director, Department of Corrections

Procedural Default and Exhaustion in Federal Habeas Corpus: Insights from Sparrow v. Director, Department of Corrections

Date: Jul 21, 2006
Procedural Default and Exhaustion in Federal Habeas Corpus: Insights from Sparrow v. Director, Department of Corrections Introduction Sparrow v. Director, Department of Corrections (439 F. Supp. 2d...
Equitable Estoppel Extends Arbitration Clauses to Nonsignatories: Insights from ABIG v. Long

Equitable Estoppel Extends Arbitration Clauses to Nonsignatories: Insights from ABIG v. Long

Date: Jul 15, 2006
Equitable Estoppel Extends Arbitration Clauses to Nonsignatories: Insights from ABIG v. Long Introduction The case American Bankers Insurance Group, Incorporated (ABIG) v. Richard F. Long; Lillie M....
Carr v. State of West Virginia: Qualified Immunity and Expert Witness Exclusion under Rule 26

Carr v. State of West Virginia: Qualified Immunity and Expert Witness Exclusion under Rule 26

Date: Jul 13, 2006
Carr v. State of West Virginia: Qualified Immunity and Expert Witness Exclusion under Rule 26 Introduction Carr v. State of West Virginia, 453 F.3d 593 (4th Cir. 2006), is a pivotal case addressing...
Ensuring Jury Impartiality: Fourth Circuit's Decision in Conaway v. Polk

Ensuring Jury Impartiality: Fourth Circuit's Decision in Conaway v. Polk

Date: Jul 12, 2006
Ensuring Jury Impartiality: Fourth Circuit's Decision in Conaway v. Polk Introduction In Conaway v. Polk, 453 F.3d 567 (4th Cir. 2006), the United States Court of Appeals for the Fourth Circuit...
Establishing Subjective Pain as Disabling in Sickle Cell Disease: Hines v. Barnhart and Its Legal Implications

Establishing Subjective Pain as Disabling in Sickle Cell Disease: Hines v. Barnhart and Its Legal Implications

Date: Jul 12, 2006
Establishing Subjective Pain as Disabling in Sickle Cell Disease: Hines v. Barnhart and Its Legal Implications Introduction Hines v. Barnhart, 453 F.3d 559 (4th Cir. 2006), is a pivotal case...
Proper Venue Affirmed and Judicial Conduct Upheld in Multi-District Drug Conspiracy Case

Proper Venue Affirmed and Judicial Conduct Upheld in Multi-District Drug Conspiracy Case

Date: Jul 1, 2006
Proper Venue Affirmed and Judicial Conduct Upheld in Multi-District Drug Conspiracy Case Introduction In the significant case of United States of America v. Thomas E. Smith, Jr., adjudicated by the...
Fourth Circuit Upholds Union Representation Rights in Mine Safety Investigations

Fourth Circuit Upholds Union Representation Rights in Mine Safety Investigations

Date: Jun 29, 2006
Fourth Circuit Upholds Union Representation Rights in Mine Safety Investigations Introduction The case of United States Department of Labor, Plaintiff-Appellee, and United Mine Workers of America,...
Recharacterization of Intercompany Debt as Equity: In re Dornier Aviation Case Analysis

Recharacterization of Intercompany Debt as Equity: In re Dornier Aviation Case Analysis

Date: Jun 28, 2006
Recharacterization of Intercompany Debt as Equity: In re Dornier Aviation Case Analysis Introduction The case of In re Official Committee of Unsecured Creditors for Dornier Aviation (North America),...
Affirmation of Death Sentence in Buckner v. Mar: Reinforcing AEDPA’s Strict Standards on Habeas Corpus Relief

Affirmation of Death Sentence in Buckner v. Mar: Reinforcing AEDPA’s Strict Standards on Habeas Corpus Relief

Date: Jun 27, 2006
Affirmation of Death Sentence in Buckner v. Mar: Reinforcing AEDPA’s Strict Standards on Habeas Corpus Relief Introduction The case of George Cale Buckner v. Marvin Polk, Warden was adjudicated by...
Fourth Circuit Upholds Summary Judgment in Gender-Based Promotion Discrimination Case: Hux v. City of Newport News

Fourth Circuit Upholds Summary Judgment in Gender-Based Promotion Discrimination Case: Hux v. City of Newport News

Date: Jun 24, 2006
Fourth Circuit Upholds Summary Judgment in Gender-Based Promotion Discrimination Case: Hux v. City of Newport News Introduction The case of Jonnie Sue Hux v. City of Newport News, Virginia (451 F.3d...
Narrow Interpretation of USERRA §4312 Affirmed in Francis v. Booz Allen Hamilton

Narrow Interpretation of USERRA §4312 Affirmed in Francis v. Booz Allen Hamilton

Date: Jun 23, 2006
Narrow Interpretation of USERRA §4312 Affirmed in Francis v. Booz Allen Hamilton Introduction The case Cheryl P. Francis v. Booz, Allen Hamilton, Inc. (452 F.3d 299) adjudicated by the United States...
Affirmation of Drug Conspiracy Conviction: Fourth Circuit Validates Judgment of Acquittal Denial, Cross-Examination Restrictions, and §851 Sentencing Enhancement

Affirmation of Drug Conspiracy Conviction: Fourth Circuit Validates Judgment of Acquittal Denial, Cross-Examination Restrictions, and §851 Sentencing Enhancement

Date: Jun 14, 2006
Affirmation of Drug Conspiracy Conviction: Fourth Circuit Validates Judgment of Acquittal Denial, Cross-Examination Restrictions, and §851 Sentencing Enhancement Introduction In the case of United...
Reaffirming Judicial Discretion and Subject-Matter Jurisdiction in Capital Cases: United States v. Hartwell

Reaffirming Judicial Discretion and Subject-Matter Jurisdiction in Capital Cases: United States v. Hartwell

Date: May 25, 2006
Reaffirming Judicial Discretion and Subject-Matter Jurisdiction in Capital Cases: United States v. Hartwell Introduction In United States v. Hartwell, 448 F.3d 707 (4th Cir. 2006), the United States...
Limits on Collateral Estoppel in Bankruptcy Adversary Proceedings: In re Jacqueline Duncan

Limits on Collateral Estoppel in Bankruptcy Adversary Proceedings: In re Jacqueline Duncan

Date: May 25, 2006
Limits on Collateral Estoppel in Bankruptcy Adversary Proceedings: In re Jacqueline Duncan Introduction The case of In re Jacqueline Duncan, Debtor is a pivotal appellate decision from the United...
Enforcement of Rule 11(b) Under the Private Securities Litigation Reform Act: Insights from Patrick V. Morris v. Wachovia Securities, Inc.

Enforcement of Rule 11(b) Under the Private Securities Litigation Reform Act: Insights from Patrick V. Morris v. Wachovia Securities, Inc.

Date: May 18, 2006
Enforcement of Rule 11(b) Under the Private Securities Litigation Reform Act: Insights from Patrick V. Morris v. Wachovia Securities, Inc. Introduction The case of Patrick V. Morris, Individually and...
Title VII Retaliation and Hostile Work Environment: Insights from JORDAN v. ALTERNATIVE RESOURCES CORPoration & IBM

Title VII Retaliation and Hostile Work Environment: Insights from JORDAN v. ALTERNATIVE RESOURCES CORPoration & IBM

Date: May 13, 2006
Title VII Retaliation and Hostile Work Environment: Insights from JORDAN v. ALTERNATIVE RESOURCES CORPoration & IBM Introduction The case of Robert L. JORDAN v. ALTERNATIVE RESOURCES CORPoration;...
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