4th Circuit Case Commentaries

Fourth Circuit Establishes Enhanced Scrutiny for Racial Discrimination in Contract Enforcement under 42 U.S.C. § 1981

Date: Jun 24, 2004

Fourth Circuit Establishes Enhanced Scrutiny for Racial Discrimination in Contract Enforcement under 42 U.S.C. § 1981 Introduction The case of Jesse J. Williams v. Staples, Incorporated represents a...

Affirmation of Netcom Liability Shield for ISPs in Copyright Infringement Cases

Date: Jun 22, 2004

Affirmation of Netcom Liability Shield for ISPs in Copyright Infringement Cases Introduction In the landmark case of COSTAR GROUP, INCORPORATED; CoStar Realty Information, Incorporated v. LOOPNET,...

Qualified Immunity Reinforced in Parrish v. Cleveland: Upholding High Standards for Deliberate Indifference Claims

Date: Jun 19, 2004

Qualified Immunity Reinforced in Parrish v. Cleveland: Upholding High Standards for Deliberate Indifference Claims Introduction Parrish v. Cleveland is a seminal case decided by the United States...

Odor of Contraband and Evasive Conduct as Probable Cause: An Analysis of United States v. Humphries

Date: Jun 18, 2004

Odor of Contraband and Evasive Conduct as Probable Cause: An Analysis of United States v. Humphries Introduction In United States v. Humphries, 372 F.3d 653 (4th Cir. 2004), the United States Court...

Strict Scrutiny of Insider Claims in Bankruptcy Proceedings: Stancill v. Harford Sands

Date: Jun 17, 2004

Strict Scrutiny of Insider Claims in Bankruptcy Proceedings: Stancill v. Harford Sands Introduction The case of In Re: Harford Sands Inc; Harford Industrial Minerals, Incorporated, Debtors,...

Fourth Circuit Affirms Unconstitutional 'All Persons' Warrant Without Particularized Probable Cause

Date: Jun 16, 2004

Fourth Circuit Affirms Unconstitutional 'All Persons' Warrant Without Particularized Probable Cause Introduction In the landmark case of Owens et al. v. Lott et al., decided on June 15, 2004, the...

Voluntary Departure and Asylum Eligibility: Insights from Da v. D. Wachira Ngarurih

Date: Jun 11, 2004

Voluntary Departure and Asylum Eligibility: Insights from Da v. D. Wachira Ngarurih Introduction The case Da v. D. Wachira Ngarurih, adjudicated by the United States Court of Appeals for the Fourth...

Affirmation of District Court's Rejection of RCRA Provision for CERCLA Claims Direct Action

Date: Jun 9, 2004

Affirmation of District Court's Rejection of RCRA Provision for CERCLA Claims Direct Action Introduction In the case of SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL et al. v....

Reasonable Suspicion in Traffic Stops: Insights from Foreman v. United States

Date: Jun 5, 2004

Reasonable Suspicion in Traffic Stops: Insights from Foreman v. United States Introduction In the case of United States of America v. Ronald Cortez Foreman, adjudicated by the United States Court of...

Accessible Promotion Opportunities and Limitations Periods: Fourth Circuit's Decision in Williams v. Giant Food

Date: Jun 5, 2004

Accessible Promotion Opportunities and Limitations Periods: Fourth Circuit's Decision in Williams v. Giant Food Introduction In the landmark case of Linda A. Williams v. Giant Food Incorporated,...

Sovereign Immunity Clarified: Limits of the Commercial Activity Exception under the Foreign Sovereign Immunities Act

Date: Jun 4, 2004

Sovereign Immunity Clarified: Limits of the Commercial Activity Exception under the Foreign Sovereign Immunities Act Introduction In George Velasco v. The Government of Indonesia, decided by the...

Enhancing Procedural Integrity: The Fourth Circuit’s Decision in Brickwood Contractors, Inc. v. Datanet Engineering, Inc.

Date: May 27, 2004

Enhancing Procedural Integrity: The Fourth Circuit’s Decision in Brickwood Contractors, Inc. v. Datanet Engineering, Inc. Introduction The case of Brickwood Contractors, Inc. v. Datanet Engineering,...

Limits on Federal Jurisdiction in Private Employment Discrimination Cases: DIXON v. COBURG DAIRY, INC.

Date: May 26, 2004

Limits on Federal Jurisdiction in Private Employment Discrimination Cases: DIXON v. COBURG DAIRY, INC. Introduction DIXON v. COBURG DAIRY, INC., 369 F.3d 811 (4th Cir. 2004), addresses critical...

Resolving Insurance Coverage Disputes Through Declaratory Judgment Amidst Pending State Litigation: Penn-America Insurance Co. v. Gregory Coffey et al.

Date: May 21, 2004

Resolving Insurance Coverage Disputes Through Declaratory Judgment Amidst Pending State Litigation Penn-America Insurance Company v. Gregory Coffey et al., 368 F.3d 409 (4th Cir. 2004) Introduction...

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