4th Circuit Case Commentaries

Limitations on Sua Sponte Consideration of Statute of Limitations Defenses in Civil Proceedings

Date: Mar 18, 2006

Limitations on Sua Sponte Consideration of Statute of Limitations Defenses in Civil Proceedings Introduction In the case of Eriline Company S.A.; Edgardo Bakchellian v. James P. Johnson; Uni, the...

Superseding Arbitration Agreements and the Limits of Implied Terms: Insights from Patten v. Signator Insurance

Date: Mar 14, 2006

Superseding Arbitration Agreements and the Limits of Implied Terms: Insights from Patten v. Signator Insurance Introduction The case of Ralph F. Patten, Jr. v. Signator Insurance Agency, Incorporated...

Enhancing Summary Judgment Standards: Rule 56(f) Requirements in Excessive Force Litigation Under 42 U.S.C. § 1983

Date: Mar 9, 2006

Enhancing Summary Judgment Standards: Rule 56(f) Requirements in Excessive Force Litigation Under 42 U.S.C. § 1983 Introduction Deborah Jean Ingle, Administrator of the Estate of Christopher James...

Discretion in Dismissals and Removal Procedures: An Analysis of Payne v. Estate of Calzada

Date: Mar 2, 2006

Discretion in Dismissals and Removal Procedures: An Analysis of Payne v. Estate of Calzada Introduction Payne v. Estate of Calzada (439 F.3d 198, 4th Cir. 2006) is a pivotal case adjudicated by the...

Reaffirming the 100:1 Crack-to-Powder Cocaine Sentencing Ratio: Insights from United States v. Eura

Date: Feb 25, 2006

Reaffirming the 100:1 Crack-to-Powder Cocaine Sentencing Ratio: Insights from United States v. Eura Introduction United States of America v. Vincent Carnelius Eura is a pivotal case decided by the...

Fourth Circuit Establishes Limits on Downward Departures for Career Offenders Post-Booker: United States v. Moreland

Date: Feb 23, 2006

Fourth Circuit Establishes Limits on Downward Departures for Career Offenders Post-Booker: United States v. Moreland Introduction United States of America v. Brian A. Moreland is a pivotal case...

Laber v. Harvey (4th Cir. 2006): Clarifying Judicial Review for Federal Employees Seeking Additional Relief Under Title VII

Date: Feb 17, 2006

Laber v. Harvey (4th Cir. 2006): Clarifying Judicial Review for Federal Employees Seeking Additional Relief Under Title VII Introduction In Stan Laber v. Francis J. Harvey, Secretary of the Army, the...

Limitation Period Defenses Preclude Class Certification in Racial Discrimination Claims – Fourth Circuit

Date: Feb 16, 2006

Limitation Period Defenses Preclude Class Certification in Racial Discrimination Claims – Fourth Circuit Introduction In the landmark case of Rose Belle Thorn; Rosa M. Thorn, Individually and as...

Class Action Certification Denied Due to Individualized Statute of Limitations Issues: Thorn v. Jefferson-Pilot Life Insurance Co.

Date: Feb 16, 2006

Class Action Certification Denied Due to Individualized Statute of Limitations Issues: Thorn v. Jefferson-Pilot Life Insurance Co. Introduction In Thorn v. Jefferson-Pilot Life Insurance Company, the...

Fourth Circuit Reinforces AEDPA Deference in Eighth and Sixth Amendment Death Penalty Challenges

Date: Feb 15, 2006

Fourth Circuit Reinforces AEDPA Deference in Eighth and Sixth Amendment Death Penalty Challenges Introduction In the landmark case of Robinson v. Polk, decided on February 14, 2006, the United States...

Class Certification in Antitrust Litigation: Exclusion of Enterprise Customers Affirmed

Date: Feb 8, 2006

Class Certification in Antitrust Litigation: Exclusion of Enterprise Customers Affirmed Introduction The case of Paul A. Deiter et al. v. Microsoft Corporation centers on a pivotal decision by the...

Reaffirming Career Offender Standards: United States v. Green

Date: Feb 7, 2006

Reaffirming Career Offender Standards: United States v. Green Introduction In United States v. Green, 436 F.3d 449 (4th Cir. 2006), the United States Court of Appeals for the Fourth Circuit addressed...

Sham Transaction Doctrine Clarified: Black & Decker v. United States

Date: Feb 3, 2006

Sham Transaction Doctrine Clarified: Black & Decker v. United States Introduction The case of The Black & Decker Corporation v. United States (436 F.3d 431) is a pivotal decision by the United States...

Affirmation of Summary Judgment in Age Discrimination Case: Warch v. Ohio Casualty Insurance Company

Date: Jan 31, 2006

Affirmation of Summary Judgment in Age Discrimination Case: Warch v. Ohio Casualty Insurance Company Introduction In Larry Alan Warch v. Ohio Casualty Insurance Company, 435 F.3d 510 (4th Cir. 2006),...

Marie Deloras Jean v. Gonzales: Jurisdictional Limits in Reviewing Discretionary Immigration Decisions

Date: Jan 28, 2006

Marie Deloras Jean v. Gonzales: Jurisdictional Limits in Reviewing Discretionary Immigration Decisions Introduction Marie Deloras Jean v. Gonzales, 435 F.3d 475 (4th Cir. 2006), is a pivotal case in...

Fourth Circuit Upholds VA's Defense in Title VII and ADEA Employment Discrimination Claims

Date: Jan 21, 2006

Fourth Circuit Upholds VA's Defense in Title VII and ADEA Employment Discrimination Claims Introduction In the case of Riaz Baqir, M.D. v. Anthony J. Principi, Secretary, Department of Veterans...

Exxon Clarifies Rooker-Feldman Doctrine: Insights from Davani v. Virginia Department of Transportation

Date: Jan 18, 2006

Exxon Clarifies Rooker-Feldman Doctrine: Insights from Davani v. Virginia Department of Transportation Introduction In Mozafar H. Davani v. Virginia Department of Transportation, 434 F.3d 712 (4th...

Fourth Circuit Reinforces Sixth Amendment Protections in Sentencing Enhancements Post-Booker

Date: Jan 14, 2006

Fourth Circuit Reinforces Sixth Amendment Protections in Sentencing Enhancements Post-Booker Introduction In United States of America v. Thomas Edward Uzenski, 434 F.3d 690 (4th Cir. 2006), the...

Fourth Circuit Limits Bivens Remedies to Government Actors: No Extension to Private Correctional Employees

Date: Jan 13, 2006

Fourth Circuit Limits Bivens Remedies to Government Actors: No Extension to Private Correctional Employees Introduction In the case of Ricky Lee Holly v. Willie Scott & Gaddy Lassiter, heard by the...

Affirmation of Summary Judgment in Trademark Infringement and Dilution: CareFirst of Maryland v. First Care

Date: Jan 12, 2006

Affirmation of Summary Judgment in Trademark Infringement and Dilution: CareFirst of Maryland v. First Care Introduction The case of CareFirst of Maryland, Inc., operating under the Blue Cross Blue...

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