4th Circuit Case Commentaries

Affirmation of Brady and Strickland in Death Penalty Habeas Review: Ste v. McHone

Date: Dec 29, 2004

Affirmation of Brady and Strickland in Death Penalty Habeas Review: Ste v. McHone Introduction In Ste v. n Van McHone, 392 F.3d 691 (4th Cir. 2004), the United States Court of Appeals for the Fourth...

Fourth Circuit Limits Successive Post-Conviction Relief under Rule 35(a): United States v. Little

Date: Dec 23, 2004

Fourth Circuit Limits Successive Post-Conviction Relief under Rule 35(a): United States v. Little Introduction Case: United States of America v. Michael Aaron Little, 392 F.3d 671 (4th Cir. 2004)...

Materiality Standards in Securities Fraud: Insights from Greenhouse v. Dually

Date: Dec 22, 2004

Materiality Standards in Securities Fraud: Insights from Greenhouse v. Dually Introduction The case of Charles Greenhouse, individually and on behalf of all others similarly situated; Evelyn Rosen;...

Limitations on Conditional Guilty Pleas: Ensuring Preservation of Case-Dispositive Pretrial Issues

Date: Dec 18, 2004

Limitations on Conditional Guilty Pleas: Ensuring Preservation of Case-Dispositive Pretrial Issues Introduction In the landmark case United States of America v. Stephen G. Bundy, 392 F.3d 641 (4th...

Timeliness of Petitions for Review Under 33 U.S.C. § 921(c): A Comprehensive Analysis of Mining Energy, Inc. v. Director, OWCP

Date: Dec 17, 2004

Timeliness of Petitions for Review Under 33 U.S.C. § 921(c): A Comprehensive Analysis of Mining Energy, Inc. v. Director, OWCP Introduction The case of Mining Energy, Incorporated; Old Republic...

Fourth Circuit Upholds Rigid Interpretation of Maryland's Little Miller Act Notice Provisions

Date: Dec 10, 2004

Fourth Circuit Upholds Rigid Interpretation of Maryland's Little Miller Act Notice Provisions Introduction In CTI/DC, Incorporated v. Selective Insurance Company of America (392 F.3d 114, 4th Cir....

Cromer v. Kraft Foods: Fourth Circuit Sets Precedent on Prefiling Injunction Scope and Contempt Procedures

Date: Dec 9, 2004

Cromer v. Kraft Foods: Fourth Circuit Sets Precedent on Prefiling Injunction Scope and Contempt Procedures Introduction Donald G. Cromer v. Kraft Foods North America, Inc. is a pivotal case decided...

Equal Pay Act Reinforced: Distinguishing "Equal Work" Beyond Job Titles

Date: Nov 23, 2004

Equal Pay Act Reinforced: Distinguishing "Equal Work" Beyond Job Titles Introduction The case of Sandra Wheatley and Jane Grogan v. Wicomico County, Maryland, adjudicated by the United States Court...

Preemption of State Law Claims Under the LMRA: Analysis of Harless v. CSX Hotels

Date: Nov 17, 2004

Preemption of State Law Claims Under the LMRA: Analysis of Harless v. CSX Hotels Introduction The case of Sarah Harless, Personal Representative of Edward Lewis and Administratrix of His Estate v....

Kirby v. City of Elizabeth City: Defining Public Concern in Retaliation Claims

Date: Nov 4, 2004

Kirby v. City of Elizabeth City: Defining Public Concern in Retaliation Claims Introduction Carl Edward Kirby, a police officer employed by the City of Elizabeth City, North Carolina, initiated legal...

Efird v. Riley: Clarification on Defendants’ Capacity and Sovereign Immunity in Employment Discrimination Claims

Date: Nov 2, 2004

Efird v. Riley: Clarification on Defendants’ Capacity and Sovereign Immunity in Employment Discrimination Claims Introduction In the case of Rebekah Efird v. D. Brad Riley, Sheriff of Cabarrus County...

Enforcement of Settlement Agreements in Public Utility Rate Disputes: Insights from Williams v. CSX Transportation

Date: Oct 30, 2004

Enforcement of Settlement Agreements in Public Utility Rate Disputes: Insights from Williams v. CSX Transportation Introduction The case of Perry Williams & Teddi Williams d/b/a Williams Transport v....

Federal Jurisdiction and Standing in Limited Liability Company Disputes: Insights from General Technology Applications, Inc. v. Exro Ltda.

Date: Oct 29, 2004

Federal Jurisdiction and Standing in Limited Liability Company Disputes: Insights from General Technology Applications, Inc. v. Exro Ltda. Introduction The case of General Technology Applications,...

Implied Discretionary Function Exception in the Suits in Admiralty Act: An En Banc Decision

Date: Oct 15, 2004

Implied Discretionary Function Exception in the Suits in Admiralty Act: An En Banc Decision Introduction Carrie A. McMellon, Lori Dawn White, Kathy D. Templeton, and Cheri Call (collectively referred...

Balancing Contractual Choice-of-Law Provisions Against Fundamental State Dealer Protection Statutes: The Volvo v. CLM Equip Decision

Date: Oct 9, 2004

Balancing Contractual Choice-of-Law Provisions Against Fundamental State Dealer Protection Statutes: The Volvo v. CLM Equip Decision Introduction The case of Volvo Construction Equipment North...

Balancing Public Access and Investigative Integrity: Insights from Virginia Dept. of State Police v. Washington Post et al.

Date: Oct 2, 2004

Balancing Public Access and Investigative Integrity: Insights from Virginia Department of State Police v. The Washington Post et al. Introduction The case of Virginia Department of State Police...

Affirmation of Federal Sentencing Guidelines Amidst BLAKELY v. WASHINGTON: Comprehensive Commentary on United States v. Mohamad Youssef Hammoud

Date: Sep 9, 2004

Affirmation of Federal Sentencing Guidelines Amidst BLAKELY v. WASHINGTON: Comprehensive Commentary on United States v. Mohamad Youssef Hammoud Introduction The case of United States of America v....

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