4th Circuit Case Commentaries

Fourth Circuit Reaffirms "Nerve Center" Standard for Principal Place of Business Post-Hertz

Date: Apr 14, 2011

Fourth Circuit Reaffirms "Nerve Center" Standard for Principal Place of Business Post-Hertz Introduction In the landmark case of CENTRAL WEST VIRGINIA ENERGY COMPANY, INCORPORATED v. MOUNTAIN STATE...

Academic Freedom and First Amendment Protections in Higher Education: Adams v. The Trustees of UNCW

Date: Apr 7, 2011

Academic Freedom and First Amendment Protections in Higher Education: Adams v. The Trustees of UNCW Introduction The case of Michael S. Adams v. The Trustees of the University of North...

Fourth Circuit Vacates Summary Judgment on Hostile Work Environment Claim in Hoyle v. Freightliner, LLC

Date: Apr 2, 2011

Fourth Circuit Vacates Summary Judgment on Hostile Work Environment Claim in Hoyle v. Freightliner, LLC Introduction Hoyle v. Freightliner, LLC is a significant case adjudicated by the United States...

Affirmation of Content-Neutral Signature Requirements in Referendum Processes: Kendall v. Balcerzak

Date: Mar 29, 2011

Affirmation of Content-Neutral Signature Requirements in Referendum Processes: Kendall v. Balcerzak Introduction In the case of Paul F. Kendall v. Ann M. Balcerzak, decided by the United States Court...

Affirmation of Firearm Regulation in National Parks Under Hark Precedent: United States v. Masciandaro

Date: Mar 25, 2011

Affirmation of Firearm Regulation in National Parks Under Hark Precedent: United States v. Masciandaro Introduction United States v. Sean Masciandaro is a pivotal case adjudicated by the United...

Affirmation of Qualified Immunity in Excessive Use of Deadly Force: Brockington v. Boykins

Date: Mar 23, 2011

Affirmation of Qualified Immunity in Excessive Use of Deadly Force: Brockington v. Boykins Introduction The case of Tim Brockington v. Antwan Lamont Boykins, Baltimore Police Department (637 F.3d...

Executive Exemption Affirmed for Retail Store Managers Under FLSA in In re FAMILY DOLLAR FLSA Litigation

Date: Mar 23, 2011

Executive Exemption Affirmed for Retail Store Managers Under FLSA in In re FAMILY DOLLAR FLSA Litigation Introduction In the case of In re FAMILY DOLLAR FLSA Litigation, the United States Court of...

Affirmation of Strict Loss Causation Requirements in Securities Fraud Claims under PSLRA

Date: Mar 15, 2011

Affirmation of Strict Loss Causation Requirements in Securities Fraud Claims under PSLRA Introduction In the case of Robert H. Katyle et al. v. Penn National Gaming, the United States Court of...

Fourth Circuit Clarifies Geographic Market Definition in Sherman Act Section 2 Cases

Date: Mar 12, 2011

Fourth Circuit Clarifies Geographic Market Definition in Sherman Act Section 2 Cases Introduction The case of E.I. Du Pont de Nemours and Company v. Kolon Industries, Incorporated (637 F.3d 435)...

Reaffirming the Limits of Section 1983: Contracts Clause Claims in CROSBY v. CITY OF GASTONIA

Date: Mar 11, 2011

Reaffirming the Limits of Section 1983: Contracts Clause Claims in CROSBY v. CITY OF GASTONIA Introduction CROSBY v. CITY OF GASTONIA, 635 F.3d 634 (4th Cir. 2011), is a pivotal case that explores...

Equity in Athletics, Inc. v. Department of Education: Affirmation of the Three-Part Test under Title IX

Date: Mar 9, 2011

Equity in Athletics, Inc. v. Department of Education: Affirmation of the Three-Part Test under Title IX Introduction The case Equity in Athletics, Inc. v. Department of Education, decided by the...

Fourth Circuit Upholds 'Basis in Fact' Requirement in Denying Conscientious Objector Status: Ste v. Lang Kanai

Date: Mar 5, 2011

Fourth Circuit Upholds 'Basis in Fact' Requirement in Denying Conscientious Objector Status: Ste v. Lang Kanai Introduction In Ste v. Lang Kanai, the United States Court of Appeals for the Fourth...

Enhanced Standards for Reasonable Suspicion in Investigative Stops

Date: Mar 3, 2011

Enhanced Standards for Reasonable Suspicion in Investigative Stops Introduction In the case of United States of America v. David DeShawn Foster (634 F.3d 243), the United States Court of Appeals for...

Exhaustion of Administrative Remedies in §1983 Actions: Analysis of Graham v. Gentry

Date: Feb 19, 2011

Exhaustion of Administrative Remedies in §1983 Actions: Analysis of Graham v. Gentry Introduction In the case of William L. Graham v. Sheriff E.S. Gentry et al., decided by the United States Court of...

Application of Shepard v. United States in Sentencing Enhancements: Insights from US v. Savillon-Matute

Date: Feb 19, 2011

Application of Shepard v. United States in Sentencing Enhancements: Insights from US v. Savillon-Matute Introduction United States of America v. Jose Adan Savillon-Matute, 636 F.3d 119 (4th Cir....

Overbreadth Doctrine Applied to Alcoholic Beverage Regulations: A Comprehensive Analysis of Legend Night Club v. Maryland

Date: Feb 18, 2011

Overbreadth Doctrine Applied to Alcoholic Beverage Regulations: A Comprehensive Analysis of Legend Night Club v. Maryland Introduction The case of Legend Night Club, Plaintiff-Appellee, and...

Fourth Circuit Establishes Family Ties as a Particular Social Group for Asylum Purposes

Date: Feb 17, 2011

Fourth Circuit Establishes Family Ties as a Particular Social Group for Asylum Purposes Introduction The case of Orlando Crespin-Valladares et al. v. Eric H. Holder, Jr. adjudicated by the United...

Tolbert v. Stevenson: Clarifying the Scope of the "Three Strikes" Rule under the PLRA

Date: Feb 15, 2011

Tolbert v. Stevenson: Clarifying the Scope of the "Three Strikes" Rule under the PLRA Introduction Tolbert v. Stevenson is a pivotal case adjudicated by the United States Court of Appeals for the...

Automatic Divestiture of District Court Jurisdiction upon Arbitrability Appeals: Levin v. Alms

Date: Feb 11, 2011

Automatic Divestiture of District Court Jurisdiction upon Arbitrability Appeals: Levin v. Alms Introduction The case of Eric M. Levin v. Alms and Associates, Incorporated; Steven P. Alms marks a...

Fourth Circuit Upholds § 641 Theft Conviction: No Requirement for Knowledge of Government Property Ownership and Validates Voir Dire Process

Date: Feb 10, 2011

Fourth Circuit Upholds § 641 Theft Conviction: No Requirement for Knowledge of Government Property Ownership and Validates Voir Dire Process Introduction In UNITED STATES of America v. Robert...