4th Circuit Case Commentaries

Affirmation of Stalking Convictions and Consent Search Principles in United States v. Shrader

Date: Apr 5, 2012

Affirmation of Stalking Convictions and Consent Search Principles in United States v. Shrader Introduction United States v. Thomas Creighton Shrader, 675 F.3d 300 (4th Cir. 2012), presents a...

Broadening the Definition of "Official Act" in Federal Bribery Statutes: Insights from United States v. Jefferson

Date: Mar 30, 2012

Broadening the Definition of "Official Act" in Federal Bribery Statutes: Insights from United States v. Jefferson Introduction United States of America v. William J. Jefferson, 674 F.3d 332 (4th Cir....

Enforceability of Comprehensive Liability Waivers in Contractual Agreements: The Mayfield v. NASCAR Decision

Date: Mar 27, 2012

Enforceability of Comprehensive Liability Waivers in Contractual Agreements: The Mayfield v. NASCAR Decision 1. Introduction The case of Jeremy A. Mayfield and Mayfield Motorsports, Incorporated v....

Limits on State Medicaid Liens for Medical Expenses in Lump-Sum Settlements: E.M.A. v. Cansler

Date: Mar 23, 2012

Limits on State Medicaid Liens for Medical Expenses in Lump-Sum Settlements: E.M.A. v. Cansler Introduction The case of E.M.A., a minor, by and through her Guardian ad Litem, William W. Plyler;...

Affirmation of Below-Guidelines Sentencing and Sentencing Scope Limitations in Remand Cases: United States v. Alfredo Homes Susi

Date: Mar 22, 2012

Affirmation of Below-Guidelines Sentencing and Sentencing Scope Limitations in Remand Cases: United States v. Alfredo Homes Susi Introduction United States v. Alfredo Homes Susi is a pivotal case...

Discriminatory Denial of Severance Constitutes Adverse Employment Action under Title VII: Analysis of Gerner v. County of Chesterfield

Date: Mar 17, 2012

Discriminatory Denial of Severance Constitutes Adverse Employment Action under Title VII: Analysis of Gerner v. County of Chesterfield Introduction The case of Karla Gerner v. County of Chesterfield,...

Enforcing International Arbitration in Maritime Employment Contracts: Insights from Aggarao v. MOL Ship Management

Date: Mar 17, 2012

Enforcing International Arbitration in Maritime Employment Contracts: Insights from Aggarao v. MOL Ship Management Introduction The case of Potenciano L. Aggarao, Jr. v. MOL Ship Management Company,...

Application of ADA's Reasonable Accommodation Standards in Police Investigations Under Exigent Circumstances: Seremeth v. Frederick County

Date: Mar 13, 2012

Application of ADA's Reasonable Accommodation Standards in Police Investigations Under Exigent Circumstances: Seremeth v. Frederick County Introduction The case of Robert Seremeth, Jr. v. Board of...

Reaffirming the Necessity of Factual Determination in Title VII Sexual Harassment Cases: Dulaney v. Packaging Corporation of America

Date: Mar 13, 2012

Reaffirming the Necessity of Factual Determination in Title VII Sexual Harassment Cases: Dulaney v. Packaging Corporation of America Introduction Carla M. Dulaney v. Packaging Corporation of America...

Shirvinski v. United States Coast Guard: Clarifying Procedural Due Process in Government Contracting

Date: Mar 13, 2012

Shirvinski v. United States Coast Guard: Clarifying Procedural Due Process in Government Contracting Introduction Adam J. Shirvinski, a retired United States Coast Guard Captain, entered into an...

Pointing or Presenting a Firearm Classified as a "Crime of Violence" and Recognition of Alford Pleas as Adjudications of Guilt Under Sentencing Guidelines

Date: Mar 9, 2012

Pointing or Presenting a Firearm Classified as a "Crime of Violence" and Recognition of Alford Pleas as Adjudications of Guilt Under Sentencing Guidelines Introduction In United States v. Rashad...

Laches Defense in Trademark Infringement: Ray Communications vs. Clear Channel Communications

Date: Mar 9, 2012

Laches Defense in Trademark Infringement: Ray Communications vs. Clear Channel Communications Introduction The case of Ray Communications, Incorporated (“RCI”) versus Clear Channel Communications,...

Scope of Appellate Waivers in Sentencing Agreements: Thornsbury v. United States

Date: Mar 3, 2012

Scope of Appellate Waivers in Sentencing Agreements: Thornsbury v. United States Introduction UNITED STATES of America v. Kerney Ray Thornsbury, 670 F.3d 532 (4th Cir. 2012), addresses the breadth of...

Venue Determination in Sexual Exploitation Cases: Insights from United States v. Engle

Date: Mar 1, 2012

Venue Determination in Sexual Exploitation Cases: Insights from United States v. Engle Introduction In the case of United States of America v. Shawn F. Engle, the United States Court of Appeals for...

Affirmation of Professionalism Standards in Medical Education Under ADA and Rehabilitation Act

Date: Feb 29, 2012

Affirmation of Professionalism Standards in Medical Education Under ADA and Rehabilitation Act Introduction Ronen Halpern v. Wake Forest University Health Sciences is a pivotal case adjudicated by...

Holloway v. Pagan River Dockside Seafood: Establishing Federal Jurisdiction under the Jones Act

Date: Feb 28, 2012

Holloway v. Pagan River Dockside Seafood: Establishing Federal Jurisdiction under the Jones Act Introduction The case of Timothy Wayne Holloway v. Pagan River Dockside Seafood, Incorporated; Joseph...

Enhancing the Probable Cause Standard in Vehicle Searches: Insights from United States v. Ortiz

Date: Feb 28, 2012

Enhancing the Probable Cause Standard in Vehicle Searches: Insights from United States v. Ortiz Introduction United States v. Lenny Manuel Ortiz is a pivotal case adjudicated by the United States...

4th Circuit Establishes Enhanced Standards for Discrimination and Retaliation Claims: Analysis of Burgess v. SIGIR

Date: Feb 18, 2012

4th Circuit Establishes Enhanced Standards for Discrimination and Retaliation Claims: Analysis of Burgess v. SIGIR Introduction The case of Denise Burgess v. Stuart W. Bowen, Jr., Special Inspector...

Affirmation of Limited Grounds for Vacatur: Insights from Wachovia Securities v. Brand

Date: Feb 17, 2012

Affirmation of Limited Grounds for Vacatur: Insights from Wachovia Securities v. Brand Introduction Wachovia Securities, LLC v. Frank J. Brand, II is a pivotal case adjudicated by the United States...

Fourth Circuit Clarifies Deference Standards Under AEDPA for Ineffective Assistance of Counsel Claims in Habeas Corpus Petitions

Date: Feb 7, 2012

Fourth Circuit Clarifies Deference Standards Under AEDPA for Ineffective Assistance of Counsel Claims in Habeas Corpus Petitions Introduction In the landmark case of Timothy Richardson v. Gerald...