4th Circuit Case Commentaries

Marshall University v. Ridpath: Establishing Due Process and Free Speech Protections in Public Employment

Date: May 12, 2006

Marshall University v. Ridpath: Establishing Due Process and Free Speech Protections in Public Employment Introduction In the case of B. David Ridpath v. Board of Governors Marshall University,...

Summary Judgment Upholds Requirement to Prove Adverse Employment Action in Title VII Retaliation and Discrimination Claims

Date: May 10, 2006

Summary Judgment Upholds Requirement to Prove Adverse Employment Action in Title VII Retaliation and Discrimination Claims Introduction In the case of Homi Amirmokri v. Spencer Abraham, Secretary,...

Defining Supervisory Authority under Title VII: The Howard v. Secretary of the Navy Precedent

Date: May 5, 2006

Defining Supervisory Authority under Title VII: The Howard v. Secretary of the Navy Precedent Introduction The landmark case of Stephanie Howard v. Donald C. Winter, Secretary of the Navy (446 F.3d...

Limits on FMLA Restoration Rights and Employer Immunity Under §1981 in Tribal Preference Context: A Fourth Circuit Analysis

Date: Apr 28, 2006

Limits on FMLA Restoration Rights and Employer Immunity Under §1981 in Tribal Preference Context: A Fourth Circuit Analysis Introduction Edward Yashenko, an employee of Harrah's North Carolina Casino...

Fourth Circuit Affirms Jurisdiction to Review Within-Guidelines Sentences for Reasonableness

Date: Apr 25, 2006

Fourth Circuit Affirms Jurisdiction to Review Within-Guidelines Sentences for Reasonableness Introduction The case of United States of America v. Benigno Montes-Pineda addresses significant issues...

Reasonableness in Sentencing and Restitution Limits: Insights from United States v. Davenport

Date: Apr 22, 2006

Reasonableness in Sentencing and Restitution Limits: Insights from United States v. Davenport Introduction In United States v. Davenport, 445 F.3d 366 (4th Cir. 2006), the United States Court of...

Affirmation of the Indirect-Purchaser Doctrine in Antitrust Litigation: KLOTH et al. v. Microsoft Corporation

Date: Apr 19, 2006

Affirmation of the Indirect-Purchaser Doctrine in Antitrust Litigation: KLOTH et al. v. Microsoft Corporation Introduction The case of KLOTH et al. v. Microsoft Corporation (No. 04-2566), adjudicated...

Affirmation of Felony Conviction and Clarification of Advisory Sentencing Guidelines Post-Booker in Williams v. United States

Date: Apr 19, 2006

Affirmation of Felony Conviction and Clarification of Advisory Sentencing Guidelines Post-Booker in Williams v. United States Introduction United States of America v. Joseph Edmund Williams is a...

Reinforcement of Substantial Evidence Standard in Asylum Denials: Gandziami-Mickhou v. Gonzales

Date: Apr 18, 2006

Reinforcement of Substantial Evidence Standard in Asylum Denials: Gandziami-Mickhou v. Gonzales Introduction The case of Ela Gandziami-Mickhou v. Alberto R. Gonzales (445 F.3d 351) adjudicated by the...

Affirmation of Younger Abstention and Prosecutorial Immunity: An Analysis of NIVENS v. GILCHRIST, 444 F.3d 237

Date: Apr 12, 2006

Affirmation of Younger Abstention and Prosecutorial Immunity: An Analysis of NIVENS v. GILCHRIST, 444 F.3d 237 Introduction NIVENS v. GILCHRIST, 444 F.3d 237 (4th Cir. 2006), is a pivotal case...

Reinforcing State Court Deference: Fourth Circuit Upholds Denial of Federal Habeas Relief in Lenz v. Washington

Date: Apr 12, 2006

Reinforcing State Court Deference: Fourth Circuit Upholds Denial of Federal Habeas Relief in Lenz v. Washington Introduction In Michael William Lenz v. Gerald K. Washington, the United States Court...

Resetting Collateral Attack Counters in Successive Habeas Petitions: Insights from In re Jackie Williams

Date: Apr 11, 2006

Resetting Collateral Attack Counters in Successive Habeas Petitions: Insights from In re Jackie Williams Introduction The case of In re Jackie Williams (444 F.3d 233) adjudicated by the United States...

Affirmation of Advisory Sentencing Guidelines' Reasonableness and Grouping Provisions in United States v. Johnson

Date: Apr 8, 2006

Affirmation of Advisory Sentencing Guidelines' Reasonableness and Grouping Provisions in United States v. Johnson Introduction In the case of United States of America v. Artez Lamont Johnson (445...

Fourth Circuit Establishes Trustees in Foreclosure as 'Debt Collectors' Under FDCPA

Date: Apr 6, 2006

Fourth Circuit Establishes Trustees in Foreclosure as 'Debt Collectors' Under FDCPA Introduction In the landmark case of Wilson v. Draper Goldberg, P.L.L.C., the United States Court of Appeals for...

Procedural Default and Exhaustion in Capital Habeas Corpus Claims: Hedrick v. True

Date: Apr 1, 2006

Procedural Default and Exhaustion in Capital Habeas Corpus Claims: Hedrick v. True Introduction Brandon Wayne Hedrick, the petitioner-appellant, was convicted of capital murder in the state of...

Affirmation and Remand of Individual Claims in Da v. d Partington

Date: Mar 31, 2006

Affirmation and Remand of Individual Claims in Da v. d Partington Introduction The case of Da v. d Partington, Re (443 F.3d 334) adjudicated by the United States Court of Appeals for the Fourth...

Affirming the Discretionary Function Exception for Undercover FBI Operations in FTCA Claims

Date: Mar 29, 2006

Affirming the Discretionary Function Exception for Undercover FBI Operations in FTCA Claims Introduction Suter et al. v. United States of America, 441 F.3d 306 (4th Cir. 2006), is a significant...

Reasonableness of Variance Sentences under § 3553(a) after Booker: Insights from United States v. Hampton

Date: Mar 24, 2006

Reasonableness of Variance Sentences under § 3553(a) after Booker: Insights from United States v. Hampton Introduction The case of United States v. Quiana Ganay Hampton, decided by the United States...

Affirmation of Drug Conspiracy Sentences Amid Booker Sixth Amendment Challenges

Date: Mar 22, 2006

Affirmation of Drug Conspiracy Sentences Amid Booker Sixth Amendment Challenges Introduction In the landmark decision of United States of America v. Terrance Smith, 441 F.3d 254 (4th Cir. 2006), the...

Fourth Circuit Clarifies Res Judicata Law: Emphasizing State Law Over Federal in Diversity Jurisdiction Cases

Date: Mar 21, 2006

Fourth Circuit Clarifies Res Judicata Law: Emphasizing State Law Over Federal in Diversity Jurisdiction Cases Introduction The case of Q International Courier, Incorporated v. Glenn Smoak presents a...

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