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  • Commentaries
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4th Circuit Case Commentaries

Refining the Standards for Persecution in Asylum Claims: Insights from Qiao Hua Li v. Gonzales

Refining the Standards for Persecution in Asylum Claims: Insights from Qiao Hua Li v. Gonzales

Date: May 3, 2005
Refining the Standards for Persecution in Asylum Claims: Insights from Qiao Hua Li v. Gonzales Introduction The case of Qiao Hua Li v. Alberto R. Gonzales, Attorney General, adjudicated by the United...
Affirmation of Denial of Qualified Immunity in Earl Washington Jr. v. Wilmore Establishes Standards for Fabrication of Evidence Claims

Affirmation of Denial of Qualified Immunity in Earl Washington Jr. v. Wilmore Establishes Standards for Fabrication of Evidence Claims

Date: Apr 29, 2005
Affirmation of Denial of Qualified Immunity in Earl Washington Jr. v. Wilmore Establishes Standards for Fabrication of Evidence Claims Introduction The case of Earl Washington, Jr. v. Curtis Reese...
Reaffirming the Advisory Nature of Federal Sentencing Guidelines Post-Booker: United States v. White

Reaffirming the Advisory Nature of Federal Sentencing Guidelines Post-Booker: United States v. White

Date: Apr 27, 2005
Reaffirming the Advisory Nature of Federal Sentencing Guidelines Post-Booker: United States v. White Introduction The case of United States of America v. Anthony Gerald White, Sr., decided on April...
Admissibility of Post-Miranda Statements Following Initial Unwarned Admissions

Admissibility of Post-Miranda Statements Following Initial Unwarned Admissions

Date: Apr 26, 2005
Admissibility of Post-Miranda Statements Following Initial Unwarned Admissions Introduction The case of United States of America v. Eric Kevin Mashburn (406 F.3d 303) presents a pivotal examination...
Compliance with Statutory Minimums and Consecutive Sentencing under 18 U.S.C.A. § 924(c): Insights from United States v. Robinson

Compliance with Statutory Minimums and Consecutive Sentencing under 18 U.S.C.A. § 924(c): Insights from United States v. Robinson

Date: Apr 19, 2005
Compliance with Statutory Minimums and Consecutive Sentencing under 18 U.S.C.A. § 924(c): Insights from United States v. Robinson Introduction In the landmark case of United States v. Robinson, 404...
Fourth Circuit Rules Severance Agreement Not Preempted by ERISA in Gresham v. Lumbermen’s Mutual Casualty Company

Fourth Circuit Rules Severance Agreement Not Preempted by ERISA in Gresham v. Lumbermen’s Mutual Casualty Company

Date: Apr 14, 2005
Fourth Circuit Rules Severance Agreement Not Preempted by ERISA in Gresham v. Lumbermen’s Mutual Casualty Company Introduction In Thomas W. Gresham v. Lumbermen's Mutual Casualty Company, 404 F.3d...
Affirmation of Identity Theft Conviction in United States v. Larry Lamont Bush

Affirmation of Identity Theft Conviction in United States v. Larry Lamont Bush

Date: Apr 14, 2005
Affirmation of Identity Theft Conviction in United States v. Larry Lamont Bush Introduction United States v. Larry Lamont Bush, 404 F.3d 263 (4th Cir. 2005), is a pivotal case in the realm of...
Involuntary Medication Standards for Competency Restoration: United States v. Herbert G. Evans, Jr.

Involuntary Medication Standards for Competency Restoration: United States v. Herbert G. Evans, Jr.

Date: Apr 13, 2005
Involuntary Medication Standards for Competency Restoration: United States v. Herbert G. Evans, Jr. Introduction United States v. Herbert G. Evans, Jr., 404 F.3d 227 (4th Cir. 2005), is a pivotal...
Fourth Circuit Establishes 'Differing Capacities' Rule and Partnership Liability in PBGC Employer Liability Claims under ERISA

Fourth Circuit Establishes 'Differing Capacities' Rule and Partnership Liability in PBGC Employer Liability Claims under ERISA

Date: Apr 13, 2005
Fourth Circuit Establishes 'Differing Capacities' Rule and Partnership Liability in PBGC Employer Liability Claims under ERISA Introduction The case of Pension Benefit Guaranty Corporation v. Donald...
Enforceability of Collateral-Attack Waivers in Plea Agreements Confirmed: United States v. Lemaster

Enforceability of Collateral-Attack Waivers in Plea Agreements Confirmed: United States v. Lemaster

Date: Apr 12, 2005
Enforceability of Collateral-Attack Waivers in Plea Agreements Confirmed: United States v. Lemaster Introduction United States v. Edgar Sterling Lemaster (403 F.3d 216), adjudicated by the United...
Affirmation of State Habeas Procedures in Lovitt v. True under AEDPA Standards

Affirmation of State Habeas Procedures in Lovitt v. True under AEDPA Standards

Date: Apr 7, 2005
Affirmation of State Habeas Procedures in Lovitt v. True under AEDPA Standards Introduction Parties Involved: Petitioner-Appellant: Robin Mckennel Lovitt Respondent-Appellee: William Page True,...
Fourth Circuit Affirms Centralization of Core Proceedings in Bankruptcy Over Arbitration Agreements

Fourth Circuit Affirms Centralization of Core Proceedings in Bankruptcy Over Arbitration Agreements

Date: Apr 2, 2005
Fourth Circuit Affirms Centralization of Core Proceedings in Bankruptcy Over Arbitration Agreements Introduction In Re: White Mountain Mining Company, L.L.C., Debtor is a pivotal case decided by the...
Strong Scienter Requirement under PSLRA Leads to Dismissal of Securities Fraud Class Action - In re PEC Solutions, Inc. Securities Litigation

Strong Scienter Requirement under PSLRA Leads to Dismissal of Securities Fraud Class Action - In re PEC Solutions, Inc. Securities Litigation

Date: Mar 19, 2005
Strong Scienter Requirement under PSLRA Leads to Dismissal of Securities Fraud Class Action Introduction In re PEC Solutions, Incorporated Securities Litigation is a pivotal case decided by the...
Fourth Circuit Clarifies Federal Preemption Limits in Wireless Telephony Litigation

Fourth Circuit Clarifies Federal Preemption Limits in Wireless Telephony Litigation

Date: Mar 17, 2005
Fourth Circuit Clarifies Federal Preemption Limits in Wireless Telephony Litigation Introduction In the landmark case J. Douglas Pinney, M.D.; Patricia S. Colonell, indi v. Motorola, Inc., et al.,...
Sentencing Reforms Under Booker: Comprehensive Review of United States v. Hughes

Sentencing Reforms Under Booker: Comprehensive Review of United States v. Hughes

Date: Mar 17, 2005
Sentencing Reforms Under Booker: Comprehensive Review of United States v. Hughes Introduction In the landmark case of United States of America v. David C. Hughes (401 F.3d 540), the United States...
Comprehensive Commentary on SEC v. John J. Lawbaugh: Establishing Rigorous Enforcement in Securities Fraud Cases

Comprehensive Commentary on SEC v. John J. Lawbaugh: Establishing Rigorous Enforcement in Securities Fraud Cases

Date: Mar 15, 2005
Comprehensive Commentary on SEC v. John J. Lawbaugh: Establishing Rigorous Enforcement in Securities Fraud Cases Introduction The case of SEC v. John J. Lawbaugh, adjudicated by the United States...
Fourth Circuit Clarifies Application of the Crime-Fraud Exception to Attorney-Client Privilege in Grand Jury Subpoenas

Fourth Circuit Clarifies Application of the Crime-Fraud Exception to Attorney-Client Privilege in Grand Jury Subpoenas

Date: Mar 12, 2005
Fourth Circuit Clarifies Application of the Crime-Fraud Exception to Attorney-Client Privilege in Grand Jury Subpoenas Introduction The case of United States of America v. Under Seal et al. emanates...
Standing to Challenge Government Funding Restrictions: Insights from Krasner Enterprises v. Montgomery County

Standing to Challenge Government Funding Restrictions: Insights from Krasner Enterprises v. Montgomery County

Date: Mar 12, 2005
Standing to Challenge Government Funding Restrictions: Insights from Krasner Enterprises v. Montgomery County Introduction The case of Frank Krasner Enterprises, Ltd., d/b/a Silverado Gun Show v....
Dismissing Slavek v. Hinkle: Navigating Habeas Corpus, Procedural Defaults, and Guilty Pleas

Dismissing Slavek v. Hinkle: Navigating Habeas Corpus, Procedural Defaults, and Guilty Pleas

Date: Mar 11, 2005
Dismissing Slavek v. Hinkle: Navigating Habeas Corpus, Procedural Defaults, and Guilty Pleas Introduction In the case of Robert J. Slavek v. George Hinkle, Warden, adjudicated by the United States...
Attorney Negligence and the Limits of Equitable Tolling in ERISA Claims: Insights from Lisa Gayle v. UPS

Attorney Negligence and the Limits of Equitable Tolling in ERISA Claims: Insights from Lisa Gayle v. UPS

Date: Mar 10, 2005
Attorney Negligence and the Limits of Equitable Tolling in ERISA Claims: Insights from Lisa Gayle v. UPS Introduction The case of Lisa Gayle v. United Parcel Service, Incorporated (UPS) centers on a...
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