4th Circuit Case Commentaries

Enforceability of Patents and Venue Considerations: Insights from Samsung Electronics Co., Ltd. v. Rambus Inc.

Date: Sep 15, 2005

Enforceability of Patents and Venue Considerations: Insights from Samsung Electronics Co., Ltd. v. Rambus Inc. Introduction The case of Samsung Electronics Co., Ltd. v. Rambus Inc. (386 F. Supp. 2d...

Enhanced Protections Against Retaliation Under Title VII: EEOC v. Navy Federal Credit Union

Date: Sep 14, 2005

Enhanced Protections Against Retaliation Under Title VII: EEOC v. Navy Federal Credit Union Introduction The case Equal Employment Opportunity Commission v. Navy Federal Credit Union, 424 F.3d 397...

Fourth Circuit Upholds NEPA's 'Hard Look' Requirement and Limits Injunctive Relief in Department of Navy Environmental Case

Date: Sep 8, 2005

Fourth Circuit Upholds NEPA's 'Hard Look' Requirement and Limits Injunctive Relief in Department of Navy Environmental Case Introduction The case of National Audubon Society et al. v. Department of...

Affirmation of ACCA Sentence Based on Inherent Prior Conviction Facts

Date: Sep 7, 2005

Affirmation of ACCA Sentence Based on Inherent Prior Conviction Facts Introduction The case of UNITED STATES of America v. Tony Lee Thompson (421 F.3d 278) addresses significant issues surrounding...

Reaffirmation of Intrinsic Evidence Primacy in Claim Construction: AKEVA L.L.C. v. Adidas America, Inc.

Date: Aug 30, 2005

Reaffirmation of Intrinsic Evidence Primacy in Claim Construction: AKEVA L.L.C. v. Adidas America, Inc. Introduction The case AKEVA L.L.C. v. Adidas America, Inc., decided on August 29, 2005, by the...

Fourth Circuit Clarifies Standards for §1983 Claims in Zoning Disputes: Upholding Summary Judgment in Sunrise Corp. v. City of Myrtle Beach

Date: Aug 27, 2005

Fourth Circuit Clarifies Standards for §1983 Claims in Zoning Disputes: Upholding Summary Judgment in Sunrise Corp. v. City of Myrtle Beach Introduction Sunrise Corporation of Myrtle Beach; Boulevard...

LAMPARELLO v. FALWELL: Protecting Critical Online Speech Under the Lanham Act and ACPA

Date: Aug 25, 2005

LAMPARELLO v. FALWELL: Protecting Critical Online Speech Under the Lanham Act and ACPA Introduction Christopher Lamparello, the plaintiff-appellant, challenged a district court's injunction...

Affirmation of Reasonableness in Contingent Fee Agreements under 42 U.S.C. §406(b): Mudd v. Barnhart

Date: Aug 16, 2005

Affirmation of Reasonableness in Contingent Fee Agreements under 42 U.S.C. §406(b): Mudd v. Barnhart 1. Introduction Stephen L. Mudd v. Jo Anne B. Barnhart is a pivotal case adjudicated by the United...

Establishment Clause Affirmed: Upholding Virginia’s Recitation Statute for the Pledge of Allegiance in Public Schools

Date: Aug 11, 2005

Establishment Clause Affirmed: Upholding Virginia’s Recitation Statute for the Pledge of Allegiance in Public Schools Introduction The case of Edward R. Myers, indi v. Dually and as guardian of minor...

Sealing of Search Warrant Affidavits: 4th Circuit Upholds Judicial Discretion and Procedural Compliance

Date: Aug 2, 2005

Sealing of Search Warrant Affidavits: 4th Circuit Upholds Judicial Discretion and Procedural Compliance Introduction The case of Media General Operations, Inc. d/b/a The Tampa Tribune; The New York...

Exhaustion of Administrative Remedies and Limitations on Private Rights in Employment Discrimination and Immigration Claims: Analysis of Kirthi Venkatraman v. REI Systems, Inc.

Date: Jul 30, 2005

Exhaustion of Administrative Remedies and Limitations on Private Rights in Employment Discrimination and Immigration Claims: Analysis of Kirthi Venkatraman v. REI Systems, Inc. Introduction The case...

Establishing Defamation Liability in Media Commentary: Hatfill v. The New York Times

Date: Jul 29, 2005

Establishing Defamation Liability in Media Commentary: Hatfill v. The New York Times Introduction In the aftermath of the 2001 anthrax attacks in the United States, Dr. Steven J. Hatfill emerged as a...

Preserving Appellate Rights and Upholding the McDonnell Douglas Framework in Title VII Cases: Analysis of Ro v. lma DIAMOND

Date: Jul 26, 2005

Preserving Appellate Rights and Upholding the McDonnell Douglas Framework in Title VII Cases: Analysis of Ro v. lma DIAMOND Introduction Ro v. lma DIAMOND, 416 F.3d 310 (4th Cir. 2005), is a pivotal...

Personal Jurisdiction and Declaratory Judgments in Parallel State Litigation: Analysis of New Wellington Financial Corporation v. Flagship Resort Development Corporation

Date: Jul 22, 2005

Personal Jurisdiction and Declaratory Judgments in Parallel State Litigation: Analysis of New Wellington Financial Corporation v. Flagship Resort Development Corporation Introduction The case of New...

Fourth Circuit Affirms: Recidivist Enhancements Do Not Violate Sixth Amendment Rights - United States v. Cheek

Date: Jul 20, 2005

Fourth Circuit Affirms: Recidivist Enhancements Do Not Violate Sixth Amendment Rights - United States v. Cheek Introduction United States v. Cheek, 415 F.3d 349 (4th Cir. 2005), is a pivotal case...

Enhanced Pleading Standards in FLSA Litigation: Chao v. Rivendell Woods

Date: Jul 20, 2005

Enhanced Pleading Standards in FLSA Litigation: Chao v. Rivendell Woods Introduction The case of Elaine L. Chao, Secretary of Labor, United States Department of Labor v. Rivendell Woods, Inc. serves...

Enhancing Sentencing Fairness in Drug Conspiracy Cases: Insights from United States v. Collins

Date: Jul 13, 2005

Enhancing Sentencing Fairness in Drug Conspiracy Cases: Insights from United States v. Collins Introduction United States v. Collins is a pivotal case adjudicated by the United States Court of...

Expansion of Bankruptcy Trustee Standing: Bogdan v. JKV Real Estate Services Sets New Precedent

Date: Jul 7, 2005

Expansion of Bankruptcy Trustee Standing: Bogdan v. JKV Real Estate Services Sets New Precedent Introduction The case In re Michael Bogdan, a/k/a Andrew Michael Bogdan; Inner City Management, LLC,...

Establishing Organizational Standing: Fourth Circuit Affirms AANR-East's Right to Challenge Statutory Restrictions on Youth Nudist Camps

Date: Jul 6, 2005

Establishing Organizational Standing: Fourth Circuit Affirms AANR-East's Right to Challenge Statutory Restrictions on Youth Nudist Camps Introduction In the case of White Tail Park, Incorporated;...

State Wrongful Discharge Claims Not Completely Preempted by the National Labor Relations Act: Lontz & Pettit v. Tharp et al.

Date: Jul 2, 2005

State Wrongful Discharge Claims Not Completely Preempted by the National Labor Relations Act: Lontz & Pettit v. Tharp et al. Introduction In Lontz & Pettit v. Tharp et al., the United States Court of...

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