4th Circuit Case Commentaries

Ineffective Assistance of Counsel in Sentencing: An Analysis of United States v. Ralph Terry

Date: Apr 27, 2004

Ineffective Assistance of Counsel in Sentencing: An Analysis of United States v. Ralph Terry Introduction United States v. Ralph Leon Terry, 366 F.3d 312 (4th Cir. 2004), addresses critical issues...

Expanding the Scope of Absolute Immunity: Insights from Goldstein v. USPTO

Date: Apr 15, 2004

Expanding the Scope of Absolute Immunity: Insights from Goldstein v. USPTO Introduction Goldstein v. USPTO is a pivotal case adjudicated by the United States Court of Appeals for the Fourth Circuit...

Generic Terms in Trademark Law: 'Freebies' Declared Non-Registrable

Date: Apr 14, 2004

Generic Terms in Trademark Law: 'Freebies' Declared Non-Registrable Introduction In the landmark case of Retail Services, Inc. v. Freebies Publishing, 364 F.3d 535 (4th Cir. 2004), the United States...

Denny's Inc. v. California Department of Industrial Relations: ERISA Preemption and the Anti-Injunction Act

Date: Apr 13, 2004

Denny's Inc. v. California Department of Industrial Relations: ERISA Preemption and the Anti-Injunction Act Introduction Denny's, Incorporated, a prominent restaurant chain based in South Carolina,...

Reaffirming the Certificate of Appealability Requirement in § 2255 Motions: The Sosa Decision

Date: Apr 10, 2004

Reaffirming the Certificate of Appealability Requirement in § 2255 Motions: The Sosa Decision Introduction The case of United States of America v. Francisco Moreno Sosa, 364 F.3d 507 (4th Cir. 2004),...

Reevey v. United States: Addressing Double Counting of Sentencing Enhancements

Date: Apr 8, 2004

Reevey v. United States: Addressing Double Counting of Sentencing Enhancements Introduction In United States of America v. Jaron Reevey, the United States Court of Appeals for the Fourth Circuit...

Corroborated Informant Tips and Reasonable Suspicion in Terry Stops: Insights from United States v. Perkins

Date: Apr 8, 2004

Corroborated Informant Tips and Reasonable Suspicion in Terry Stops: Insights from United States v. Perkins Introduction The case of United States of America v. John Michael Perkins, 363 F.3d 317...

Immediate Possession in Eminent Domain: The East Tennessee Natural Gas Company v. Sage Decision

Date: Mar 23, 2004

Immediate Possession in Eminent Domain: The East Tennessee Natural Gas Company v. Sage Decision Introduction The case East Tennessee Natural Gas Company v. Sage (361 F.3d 808) addresses a pivotal...

Assumption of Executory Contracts in Bankruptcy: Fourth Circuit Clarifies 11 U.S.C. § 365(c)

Date: Mar 19, 2004

Assumption of Executory Contracts in Bankruptcy: Fourth Circuit Clarifies 11 U.S.C. § 365(c) Introduction The case of RCI Technology Corporation v. Sunterra Corporation, 361 F.3d 257 (4th Cir. 2004),...

Affirmation of Summary Judgment in Title VII Sex Discrimination and Retaliation Claims: Mackey v. Shalala

Date: Mar 17, 2004

Affirmation of Summary Judgment in Title VII Sex Discrimination and Retaliation Claims: Mackey v. Shalala Introduction Billie Bryan Mackey filed a lawsuit against the Department of Health and Human...

Constructive Notice and Spoliation of Evidence in Premises Liability: Comprehensive Commentary on Hodge v. Wal-Mart

Date: Mar 11, 2004

Constructive Notice and Spoliation of Evidence in Premises Liability: Comprehensive Commentary on Hodge v. Wal-Mart Introduction In Michelle Hodge v. Wal-Mart Stores, Incorporated, adjudicated by the...

Affirming Managerial Discretion in RIFs Under ADEA: Mereish v. Walker

Date: Feb 21, 2004

Affirming Managerial Discretion in RIFs Under ADEA: Mereish v. Walker Introduction Mereish v. Walker, 359 F.3d 330 (4th Cir. 2004), is a significant case adjudicated by the United States Court of...

Defining "Reasonable Investigation" under FCRA: Johnson v. MBNA America Bank

Date: Feb 12, 2004

Defining "Reasonable Investigation" under FCRA: Johnson v. MBNA America Bank Introduction The case of Linda Johnson v. MBNA America Bank, NA addresses critical issues surrounding the obligations of...

United States v. Goines: Clarifying the Retroactive Application of Sentencing Guidelines

Date: Jan 29, 2004

United States v. Goines: Clarifying the Retroactive Application of Sentencing Guidelines Introduction In the case of United States of America, Plaintiff-Appellee, v. Anthony Goines,...

State Department’s Conclusive Interpretation of Diplomatic Immunity Parameters Confirmed in U.S. v. Al-Hamdi

Date: Jan 24, 2004

State Department’s Conclusive Interpretation of Diplomatic Immunity Parameters Confirmed in U.S. v. Al-Hamdi Introduction The case of United States of America v. Ibrahim Ahmed Al-Hamdi, adjudicated...

Balancing Free Speech and Administrative Discretion: Insights from Love-Lane v. Martin

Date: Jan 23, 2004

Balancing Free Speech and Administrative Discretion: Insights from Love-Lane v. Martin Introduction The case of Decoma Love-Lane v. Donald Martin presents a pivotal examination of the intersection...

Refining Offensive Collateral Estoppel: Fourth Circuit's Reversal in Microsoft Antitrust Litigation

Date: Jan 16, 2004

Refining Offensive Collateral Estoppel: Fourth Circuit's Reversal in Microsoft Antitrust Litigation Introduction The In Re: Microsoft Corporation Antitrust Litigation case, decided by the United...

Assessing Probable Cause and Relevant Conduct in Federal Narcotics Cases: A Commentary on USA v. Hodge

Date: Jan 7, 2004

Assessing Probable Cause and Relevant Conduct in Federal Narcotics Cases: A Commentary on USA v. Hodge Introduction The case United States of America v. Dale McCourtney Hodge, reported at 354 F.3d...

Limits on Employer Liability for Subordinate's Discriminatory Conduct: Hill v. Lockheed Martin Logistics Management

Date: Jan 6, 2004

Limits on Employer Liability for Subordinate's Discriminatory Conduct: Hill v. Lockheed Martin Logistics Management Introduction The case of Ethel Louise Hill v. Lockheed Martin Logistics Management,...

Affirmation of Dismissal in Ottmann v. Hanger Orthopedic Group: Implications for Scienter Pleading under the PSLRA

Date: Dec 23, 2003

Affirmation of Dismissal in Ottmann v. Hanger Orthopedic Group: Implications for Scienter Pleading under the PSLRA Introduction Ottmann v. Hanger Orthopedic Group is a pivotal case adjudicated by the...

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