4th Circuit Case Commentaries

Qualified Immunity and Judicial Determination: An Analysis of Willingham v. Crooke

Date: Jun 24, 2005

Qualified Immunity and Judicial Determination: An Analysis of Willingham v. Crooke Introduction The case of Gloria Willingham, Plaintiff-Appellant, and Carl Jackson, Plaintiff v. Douglas A. Crooke,...

Enforceability of Arbitration Agreements Under Maryland Law: Hill v. PeopleSoft USA, Inc.

Date: Jun 23, 2005

Enforceability of Arbitration Agreements Under Maryland Law: Hill v. PeopleSoft USA, Inc. Introduction The case of Karren Y. Hill v. PeopleSoft USA, Incorporated (412 F.3d 540) presents a pivotal...

Affirmation of Career Offender Enhancement and Conspiracy Conviction Despite Co-Conspirator's Acquittal in United States v. Collins

Date: Jun 21, 2005

Affirmation of Career Offender Enhancement and Conspiracy Conviction Despite Co-Conspirator's Acquittal in United States v. Collins Introduction In the case of United States v. Warren Collins (412...

Fourth Circuit Upholds Bureau of Prisons’ Time Served Calculation for Good Conduct Time in Da v. Yi

Date: Jun 18, 2005

Fourth Circuit Upholds Bureau of Prisons’ Time Served Calculation for Good Conduct Time in Da v. Yi Introduction Da v. Yi, 412 F.3d 526 (4th Cir. 2005), is a pivotal case addressing the...

Expanding Venue Criteria for False Claims: Analysis of United States v. Ebersole Decision

Date: Jun 15, 2005

Expanding Venue Criteria for False Claims: Analysis of United States v. Ebersole Decision Introduction In the case of United States of America v. Russell Lee Ebersole, decided on June 14, 2005, the...

Abrogation of Eleventh Amendment Immunity under ADA Title II and §504 Rehabilitation Act: Insights from Constantine v. George Mason University

Date: Jun 14, 2005

Abrogation of Eleventh Amendment Immunity under ADA Title II and §504 Rehabilitation Act: Insights from Constantine v. George Mason University Introduction The case of Carin Manders Constantine v....

Fourth Circuit Limits Colorado River Abstention in Federal Medicaid Reimbursement Litigation

Date: Jun 10, 2005

Fourth Circuit Limits Colorado River Abstention in Federal Medicaid Reimbursement Litigation Introduction In the landmark case CHASE BREXTON HEALTH SERVICES, INCORPORATED et al. v. The State of...

Community-Caretaking Exception Affirmed in Fourth Circuit: Johnson v. United States

Date: Jun 9, 2005

Community-Caretaking Exception Affirmed in Fourth Circuit: Johnson v. United States Introduction In the case of United States of America v. Tyronski Johnson, the United States Court of Appeals for...

Affirmation of the Due Care Exception in FTCA Claims: Welch v. United States

Date: Jun 1, 2005

Affirmation of the Due Care Exception in FTCA Claims: Welch v. United States Introduction Ricardo Antonio Welch, Jr., Plaintiff-Appellant, v. United States of America, Defendant-Appellee (409 F.3d...

Fourth Circuit Upholds Valid Appeal Waiver in Plea Agreement Amidst Blakely and Booker Decisions

Date: May 28, 2005

Fourth Circuit Upholds Valid Appeal Waiver in Plea Agreement Amidst Blakely and Booker Decisions Introduction In the case of United States of America v. George R. Blick, 408 F.3d 162 (4th Cir. 2005),...

Exhaustion of Remedies Not a Pleading Requirement Under the PLRA: Rodney E. Anderson v. XYZ Correctional Health Services

Date: May 18, 2005

Exhaustion of Remedies Not a Pleading Requirement Under the PLRA: Rodney E. Anderson v. XYZ Correctional Health Services Introduction Rodney Elmer Anderson v. XYZ Correctional Health Services, Inc.,...

Fourth Circuit Affirms the Use of "In God We Trust" on Public Buildings Under the Establishment Clause

Date: May 14, 2005

Fourth Circuit Upholds Use of "In God We Trust" on Public Buildings Under the Establishment Clause Introduction In the case of Charles F. Lambeth, Jr.; Michael D. Lea v. The Board of Commissioners of...

Strickland v. Moody: Refining Standards for Ineffective Assistance of Counsel in Capital Sentencing

Date: May 13, 2005

Strickland v. Moody: Refining Standards for Ineffective Assistance of Counsel in Capital Sentencing Introduction Patrick Lane Moody v. Marvin Polk, Warden is a pivotal case adjudicated by the United...

Alter Ego Doctrine in Diversity Jurisdiction: Maryland Stadium Authority v. Ellerbe Becket

Date: May 12, 2005

Alter Ego Doctrine in Diversity Jurisdiction: Maryland Stadium Authority v. Ellerbe Becket Introduction The case of Maryland Stadium Authority; University System of Maryland v. Ellerbe Becket, Inc....

Insurance Coverage Limitations for Privacy-Infringing Telemarketing: Resource Bankshares Corp. v. St. Paul Mercury Ins. Co.

Date: May 12, 2005

Insurance Coverage Limitations for Privacy-Infringing Telemarketing: Resource Bankshares Corp. v. St. Paul Mercury Insurance Company Introduction In the landmark case of Resource Bankshares...

Standards for Class Certification and Admissibility of Statistical Evidence in Title VII Discrimination Cases: Anderson v. Westinghouse Savannah River Company

Date: May 5, 2005

Standards for Class Certification and Admissibility of Statistical Evidence in Title VII Discrimination Cases: Anderson v. Westinghouse Savannah River Company Introduction In Virginia Anderson v....

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