4th Circuit Case Commentaries

Fourth Circuit Affirms Death Sentence in Lighty Case, Establishing Guidelines on Rule 404(b) Evidence and Confrontation Clause Safeguards

Date: Aug 12, 2010

Fourth Circuit Affirms Death Sentence in Lighty Case, Establishing Guidelines on Rule 404(b) Evidence and Confrontation Clause Safeguards Introduction The case of United States of America v. Kenneth...

Default Judgment Set-Aside in Corporate Service of Process: Colleton Preparatory Academy v. Hoover Universal

Date: Aug 6, 2010

Default Judgment Set-Aside in Corporate Service of Process: Colleton Preparatory Academy v. Hoover Universal Introduction Colleton Preparatory Academy, Inc. v. Hoover Universal, Inc. is a significant...

US Airline Pilots Association v. AWAPPA: Clarifying RICO's Pattern Requirement

Date: Jul 31, 2010

US Airline Pilots Association v. AWAPPA: Clarifying RICO's Pattern Requirement Introduction The case of US Airline Pilots Association (USAPA) v. AWAPPA, LLC examined the applicability of the...

Fourth Circuit Clarifies Standing in VFOIA Cases and Limits Attorney General's Participation

Date: Jul 28, 2010

Fourth Circuit Clarifies Standing in VFOIA Cases and Limits Attorney General's Participation Introduction The case of McBurney, Hurlbert, and Stewart v. Cuccinelli et al. addresses critical issues...

Establishing the Boundaries of Duty and Causation in Negligence Claims: Insights from Bellotte v. Edwards et al.

Date: Jul 22, 2010

Establishing the Boundaries of Duty and Causation in Negligence Claims: Insights from Bellotte v. Edwards et al. Introduction The case of Bellotte v. Edwards et al. (388 F. App'x 334, United States...

Pettiford v. United States: Reassessment of the Armed Career Criminal Act Enhancements

Date: Jul 22, 2010

Pettiford v. United States: Reassessment of the Armed Career Criminal Act Enhancements Introduction United States of America v. Antoine Jerome Pettiford is a pivotal case decided by the United States...

Affirmation of Summary Judgment in Owens v. First Kuwaiti: Clarifying False Claims Act Boundaries

Date: Jul 17, 2010

Affirmation of Summary Judgment in Owens v. First Kuwaiti: Clarifying False Claims Act Boundaries Introduction In United States ex rel. John Owens v. First Kuwaiti General Trading Contracting...

Cap on Inmate Income Withholding for Filing Fees: Torres v. O'Quinn Establishes 20% Limit

Date: Jul 14, 2010

Cap on Inmate Income Withholding for Filing Fees: Torres v. O'Quinn Establishes 20% Limit Introduction In Don Juan Torres v. R. O'Quinn; D. Tate; D. Muncy, 612 F.3d 237 (4th Cir. 2010), the United...

Conflict of Interest in Effective Assistance of Counsel: Defining Standards for Adverse Impact

Date: Jul 13, 2010

Conflict of Interest in Effective Assistance of Counsel: Defining Standards for Adverse Impact Introduction The case of UNITED STATES of America v. Jack Lavelton Nicholson (611 F.3d 191) serves as a...

Affirmation of Strict Similarity Standards in Title VII Failure to Promote Claims: Haywood Group v. Locke

Date: Jul 7, 2010

Affirmation of Strict Similarity Standards in Title VII Failure to Promote Claims: Haywood Group v. Locke Introduction The case of Cherrie Haywood et al. v. Gary Locke, Secretary, United States...

Effective Counsel and Informant Instructions: A Comprehensive Analysis of United States v. Carlton N. Luck

Date: Jul 3, 2010

Effective Counsel and Informant Instructions: A Comprehensive Analysis of United States v. Carlton N. Luck Introduction The case of United States v. Carlton N. Luck (611 F.3d 183, 4th Cir. 2010)...

Arbitration Finality and Judicial Review in Contract Disputes: Insights from MCI Constructors, LLC v. City of Greensboro

Date: Jul 2, 2010

Arbitration Finality and Judicial Review in Contract Disputes: Insights from MCI Constructors, LLC v. City of Greensboro Introduction The case of MCI Constructors, LLC v. City of Greensboro,...

Fourth Circuit Establishes Precedent on Class Action Certification under FACTA in Stillmock v. Weis Markets, Inc.

Date: Jul 2, 2010

Fourth Circuit Establishes Precedent on Class Action Certification under FACTA in Stillmock v. Weis Markets, Inc. Introduction The case of Patrick Stillmock et al. v. Weis Markets, Inc. adjudicated...

Fourth Circuit Affirms Abuse of Discretion in ERISA Disability Benefits Termination Amid Plan Administrator's Conflict of Interest

Date: Jul 1, 2010

Fourth Circuit Affirms Abuse of Discretion in ERISA Disability Benefits Termination Amid Plan Administrator's Conflict of Interest Introduction In Williams v. Metropolitan Life Insurance Company, 609...

Affirming Ancillary Jurisdiction for Receivers Under Common Law Despite 28 U.S.C. § 1367: Robb Evans Associates v. Holibaugh

Date: Jun 30, 2010

Affirming Ancillary Jurisdiction for Receivers Under Common Law Despite 28 U.S.C. § 1367: Robb Evans Associates v. Holibaugh Introduction In the case of Robb Evans Associates, LLC as Receiver over...

Fourth Circuit Establishes Sentencing Judges' Authority to Assess Drug Quantities Beyond Jury Findings in United States v. Young

Date: Jun 29, 2010

Fourth Circuit Establishes Sentencing Judges' Authority to Assess Drug Quantities Beyond Jury Findings in United States v. Young Introduction In the case of United States of America v. Darnell...

Establishing Hostile Work Environment Standards: EEOC v. Fairbrook Medical Clinic

Date: Jun 19, 2010

Establishing Hostile Work Environment Standards: EEOC v. Fairbrook Medical Clinic Introduction The case Equal Employment Opportunity Commission (EEOC) v. Fairbrook Medical Clinic, P.A. (609 F.3d 320)...

Preemption of Local Ordinances under the Interstate Commerce Commission Termination Act: Norfolk Southern Railway Co. v. City of Alexandria

Date: Jun 17, 2010

Preemption of Local Ordinances under the Interstate Commerce Commission Termination Act: Norfolk Southern Railway Co. v. City of Alexandria Introduction Norfolk Southern Railway Company v. City of...

Defining Government Agency in Private ISP Surveillance: United States v. Richardson

Date: Jun 12, 2010

Defining Government Agency in Private ISP Surveillance: United States v. Richardson Introduction The case of United States of America v. Thomas McCoy Richardson, Jr. (607 F.3d 357, 4th Cir. 2010)...

Depravity of Mind Aggravator Upheld in Lewis v. Wheeler

Date: Jun 5, 2010

Depravity of Mind Aggravator Upheld in Lewis v. Wheeler Introduction In the landmark case of Teresa Wilson LEWIS v. Barbara J. WHEELER, adjudicated by the United States Court of Appeals for the...