4th Circuit Case Commentaries

Qualified Immunity and Genuine Disputes of Fact: Insights from Ste v. N. S. Witt

Date: Feb 5, 2011

Qualified Immunity and Genuine Disputes of Fact: Insights from Ste v. N. S. Witt Introduction Ste v. N. S. Witt, 633 F.3d 272 (4th Cir. 2011), is a pivotal case that delves into the intricacies of...

Reaffirming the Franks Standard and Limitations on Evidence Suppression: United States v. Clenney

Date: Feb 4, 2011

Reaffirming the Franks Standard and Limitations on Evidence Suppression: United States v. Clenney Introduction United States of America v. David Thomas Clenney, 631 F.3d 658 (4th Cir. 2011), is a...

Fourth Circuit Establishes McKinney Intermediate Rule for Notice of Removal in Multi-Defendant Cases

Date: Jan 28, 2011

Fourth Circuit Establishes McKinney Intermediate Rule for Notice of Removal in Multi-Defendant Cases Introduction In the landmark case of Shirley M. Barbour et al. v. International Union, United...

Judicial Clarification on Leadership Role Enhancements in Drug Trafficking Cases: United States v. Slade

Date: Jan 28, 2011

Judicial Clarification on Leadership Role Enhancements in Drug Trafficking Cases: United States v. Slade Introduction In United States of America v. Kevin Myell Slade, 631 F.3d 185 (4th Cir. 2011),...

DuPerry v. Life Insurance Co.: Establishing Standards for Subjective Disability Claims under ERISA

Date: Jan 25, 2011

DuPerry v. Life Insurance Co.: Establishing Standards for Subjective Disability Claims under ERISA Introduction Rebecca DuPerry brought a legal action against the Life Insurance Company of North...

Affirming Sentencing Discretion: The Role of Departures and Variances under § 3553(a) in United States v. Roberto Diosdado-Star

Date: Jan 25, 2011

Affirming Sentencing Discretion: The Role of Departures and Variances under § 3553(a) in United States v. Roberto Diosdado-Star Introduction United States of America v. Roberto Diosdado-Star, 630...

Fourth Circuit Clarifies Mootness Standards in FLSA Collective Actions

Date: Jan 22, 2011

Fourth Circuit Clarifies Mootness Standards in FLSA Collective Actions Introduction In the landmark case of Ma'lissa Simmons et al. v. United Mortgage and Loan Investment, LLC et al., 634 F.3d 754...

Affirmation of Willfulness in Tax Fraud: Insights from United States v. Henry Cole

Date: Jan 22, 2011

Affirmation of Willfulness in Tax Fraud: Insights from United States v. Henry Cole Introduction United States of America v. Henry Cole is a pivotal case adjudicated by the United States Court of...

Establishing Probable Cause Without Reliance on Potentially Tainted Evidence: United States v. Terrell Allen

Date: Jan 22, 2011

Establishing Probable Cause Without Reliance on Potentially Tainted Evidence: United States v. Terrell Allen Introduction In United States v. Terrell Allen, 631 F.3d 164 (4th Cir. 2011), the United...

Affirmance of Standing Doctrine in Embryonic Stem Cell Research Funding: Mary Scott DOE v. Obama

Date: Jan 22, 2011

Affirmance of Standing Doctrine in Embryonic Stem Cell Research Funding: Mary Scott DOE v. Obama Introduction Mary Scott DOE v. Obama, 631 F.3d 157 (4th Cir. 2011), addresses the contentious issue of...

Fourth Circuit Upholds 50% Overtime Premium in Mistaken Exemption Classification Cases Under FLSA

Date: Jan 15, 2011

Fourth Circuit Upholds 50% Overtime Premium in Mistaken Exemption Classification Cases Under FLSA Introduction In the case of John Desmond, Plaintiff-Appellant, v. PNGI Charles Town Gaming, L.L.C.,...

Enhancing Brady Obligations: Fourth Circuit Mandates Disclosure of Grand Jury Testimony in Felony Firearm Possession Cases

Date: Jan 11, 2011

Enhancing Brady Obligations: Fourth Circuit Mandates Disclosure of Grand Jury Testimony in Felony Firearm Possession Cases Introduction In the landmark case of United States of America v. Lamont...

Establishing Citizen Standing and Notice Requirements in Environmental Litigation: FOE & CLEAN v. Gaston Copper Recycling Corp.

Date: Jan 6, 2011

Establishing Citizen Standing and Notice Requirements in Environmental Litigation: FOE & CLEAN v. Gaston Copper Recycling Corp. Introduction The case of Friends of the Earth, Incorporated; Citizens...

Enhancing Whistleblower Protections and Procedural Requirements in Federal Employment Litigation: BONDS v. LEAVITT

Date: Jan 4, 2011

Enhancing Whistleblower Protections and Procedural Requirements in Federal Employment Litigation: BONDS v. LEAVITT Introduction BONDS v. LEAVITT is a significant appellate decision from the United...

Establishing Intermediate Scrutiny in Second Amendment Challenges: United States v. Chester

Date: Dec 31, 2010

Establishing Intermediate Scrutiny in Second Amendment Challenges: United States v. Chester Introduction The case of United States v. William Samuel Chester, Jr. (628 F.3d 673) adjudicated by the...

Extended Retroactivity of Substantive Rights under 28 U.S.C.A. §2255(f)(3): The Thomas v. United States Case

Date: Dec 30, 2010

Extended Retroactivity of Substantive Rights under 28 U.S.C.A. §2255(f)(3): The Thomas v. United States Case Introduction In the pivotal case of United States v. Thomas, 627 F.3d 534 (4th Cir. 2010),...

Fourth Circuit Affirms Separation of Church and State in County-Funded Development Project

Date: Dec 24, 2010

Fourth Circuit Affirms Separation of Church and State in County-Funded Development Project Introduction In the case of Peter Glassman v. Arlington County, Virginia et al., adjudicated by the United...

Sexual Harassment Claims Affirmed Under Title VII in Mosby-Grant v. City of Hagerstown

Date: Dec 21, 2010

Sexual Harassment Claims Affirmed Under Title VII in Mosby-Grant v. City of Hagerstown Introduction In the landmark case of Mosby-Grant v. City of Hagerstown, the United States Court of Appeals for...

First Amendment Protections and Qualified Immunity in University Speech Policies: Analysis of Rock for Life-UMBC Case

Date: Dec 17, 2010

First Amendment Protections and Qualified Immunity in University Speech Policies: Analysis of Rock for Life-UMBC Case Introduction The case of Rock for Life-UMBC, an unincorporated student...

Enforcement of International Forum Selection Clauses under English Law: Albemarle Corp. v. AstraZeneca UK Ltd.

Date: Dec 9, 2010

Enforcement of International Forum Selection Clauses under English Law: Albemarle Corp. v. AstraZeneca UK Ltd. Introduction The case of Albemarle Corporation and Albemarle International Corporation...