4th Circuit Case Commentaries

Limits of Police Authority During Traffic Stops: Comprehensive Analysis of United States v. Victor Mason

Date: Dec 9, 2010

Limits of Police Authority During Traffic Stops: Comprehensive Analysis of United States v. Victor Mason Introduction The case of United States of America v. Victor Eugene Mason (628 F.3d 123)...

Exhaustion of Remedies Required Before Habeas Corpus Under 18 U.S.C. § 4248: Analysis of Timms v. Johns

Date: Dec 7, 2010

Exhaustion of Remedies Required Before Habeas Corpus Under 18 U.S.C. § 4248: Analysis of Timms v. Johns Introduction Gerald Wayne Timms challenged his continued detention under the provisions of 18...

Fourth Circuit Upholds Clear and Convincing Evidence Standard in Civil Commitment Under the Adam Walsh Act

Date: Dec 7, 2010

Fourth Circuit Upholds Clear and Convincing Evidence Standard in Civil Commitment Under the Adam Walsh Act Introduction The case of United States of America v. Graydon Earl Comstock, Jr. consolidated...

RAJU v. HOLDER: Upholding BIA's Denial of Motion to Reopen on Grounds of Ineffective Assistance of Counsel

Date: Dec 2, 2010

RAJU v. HOLDER: Upholding BIA's Denial of Motion to Reopen on Grounds of Ineffective Assistance of Counsel Introduction In the case of Kulwinder Singh Raju v. Eric H. Holder, Jr., decided on December...

Exclusive State Court Jurisdiction Under Forum Selection Clauses: Insights from FindWhere Holdings, Inc. v. Systems Environment Optimization, LLC

Date: Nov 30, 2010

Exclusive State Court Jurisdiction Under Forum Selection Clauses: Insights from FindWhere Holdings, Inc. v. Systems Environment Optimization, LLC Introduction The legal landscape surrounding forum...

Fourth Circuit Establishes Limits on Drug Quantity Inferences in Conspiracy to Distribute Heroin – United States v. Ke

Date: Nov 30, 2010

Fourth Circuit Establishes Limits on Drug Quantity Inferences in Conspiracy to Distribute Heroin – United States v. Ke Introduction United States of America v. Kevin Anthony Hickman, 626 F.3d 756...

Appellate Court Sets Precedent on Proximate Causation in Wrongful Death Cases

Date: Nov 20, 2010

Appellate Court Sets Precedent on Proximate Causation in Wrongful Death Cases Introduction In Sherry R. Olson, Personal Representatives of the Estate of Timothy M. Olson v. Crowell Plumbing Heating...

Reaffirming Diversity Jurisdiction: JTH Tax Inc. v. Frashier and Its Implications

Date: Nov 11, 2010

Reaffirming Diversity Jurisdiction: JTH Tax Inc. v. Frashier and Its Implications Introduction JTH Tax, Incorporated, d/b/a Liberty Tax Service v. Harry F. Frashier, II is a pivotal case decided by...

Fourth Circuit Upholds Eleventh Amendment Immunity in FMLA Claims and Reinforces Title VII Pleading Standards in Coleman v. Maryland Court of Appeals

Date: Nov 11, 2010

Fourth Circuit Upholds Eleventh Amendment Immunity in FMLA Claims and Reinforces Title VII Pleading Standards in Coleman v. Maryland Court of Appeals Introduction Daniel Coleman initiated a lawsuit...

FCRA Preemption Limits State Claims: Ross v. FDIC (4th Cir., 2010)

Date: Oct 30, 2010

FCRA Preemption Limits State Claims: Ross v. FDIC (4th Cir., 2010) Introduction In Charlene ROSS v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of Washington Mutual Bank, the United States...

Affirmation of Armed Career Criminal Classification in United States v. Brown

Date: Oct 19, 2010

Affirmation of Armed Career Criminal Classification in United States v. Brown Introduction United States of America v. Anthony Jerome Brown is a pivotal case decided by the United States Court of...

Clarifying Discovery Boundaries and Confidentiality in Trade Dress Litigation: Mainstreet Collection v. Kirkland's

Date: Oct 7, 2010

Clarifying Discovery Boundaries and Confidentiality in Trade Dress Litigation: Mainstreet Collection v. Kirkland's Introduction The case of The Mainstreet Collection, Inc. v. Kirkland's, Inc....

Discriminatory Failure to Hire Based on Pregnancy: Davenport v. The Children's Guild

Date: Oct 7, 2010

Discriminatory Failure to Hire Based on Pregnancy: Davenport v. The Children's Guild Introduction In the case of Na'imah Ferdinand-Davenport v. The Children's Guild, adjudicated by the United States...

ERISA Preemption and Informal Plans: Comprehensive Analysis of Moon v. BWX Technologies

Date: Sep 28, 2010

ERISA Preemption and Informal Plans: Comprehensive Analysis of Moon v. BWX Technologies Introduction The case of Judy L. Moon, individually and as Executor of the Estate of Leslie W. Moon v. BWX...

Fourth Circuit Establishes Stringent Standards for Involuntary Medication to Restore Competence to Stand Trial

Date: Sep 23, 2010

Disclaimer: This commentary is intended for informational purposes only and does not constitute legal advice. For legal advice, please consult a qualified attorney. Fourth Circuit Establishes...

Comprehensive Commentary on David Leon v. Tom Felker Habeas Corpus Judgment

Date: Sep 10, 2010

David Leon v. Tom Felker: Analysis of Habeas Corpus Judgment and Its Implications Introduction In the case of David Leon v. Tom Felker, adjudicated in the United States District Court for the...

Rice v. Rivera: Fourth Circuit Defines Habeas Corpus Jurisdiction under § 2241 and Affirms Proper Use of Rule 48 to Vacate § 924(c) Convictions Post-Bailey

Date: Sep 8, 2010

Rice v. Rivera: Fourth Circuit Defines Habeas Corpus Jurisdiction under § 2241 and Affirms Proper Use of Rule 48 to Vacate § 924(c) Convictions Post-Bailey Introduction Rice v. Rivera, 617 F.3d 802...

Fourth Circuit Affirms Copyright Protection for Ornamental Furniture Designs in Universal Furniture International v. Collezione Europa USA

Date: Aug 21, 2010

Fourth Circuit Affirms Copyright Protection for Ornamental Furniture Designs in Universal Furniture International v. Collezione Europa USA Introduction In the case of Universal Furniture...

Admissibility of Lay Opinion and Character Evidence: Insights from United States v. Johnson

Date: Aug 17, 2010

Admissibility of Lay Opinion and Character Evidence: Insights from United States v. Johnson Introduction In the case of United States v. Walter Raleigh Johnson, Jr., 617 F.3d 286 (4th Cir. 2010), the...

Establishing the Boundaries of Rule 404(b) Evidence in Conspiracy Cases: United States v. Wilson

Date: Aug 12, 2010

Establishing the Boundaries of Rule 404(b) Evidence in Conspiracy Cases: United States v. Wilson Introduction In United States v. Wilson, decided on August 11, 2010, by the United States Court of...