4th Circuit Case Commentaries

Affirmation of Death Sentences under the Federal Death Penalty Act: A Precedent in Indictment Sufficiency

Date: Dec 23, 2003

Affirmation of Death Sentences under the Federal Death Penalty Act: A Precedent in Indictment Sufficiency Introduction In the landmark case of United States of America v. Dustin John Higgs, decided...

Maintaining Procurement Integrity: Insights from HARRISON v. WESTINGHOUSE SAVANNAH RIVER CO.

Date: Dec 20, 2003

Maintaining Procurement Integrity: Insights from HARRISON v. WESTINGHOUSE SAVANNAH RIVER CO. Introduction HARRISON v. WESTINGHOUSE SAVANNAH RIVER CO. is a pivotal case adjudicated by the United...

Affirmation of Summary Judgment in FCRA Violations: BAAF’s Compliance Standards Established

Date: Dec 20, 2003

Affirmation of Summary Judgment in FCRA Violations: BAAF’s Compliance Standards Established Introduction The case of Ausherman et al. v. Bank of America Corporation et al. adjudicated by the United...

Affirmation of HECK v. HUMPHREY: Limiting §1983 Claims Tied to Undecided Convictions

Date: Dec 18, 2003

Affirmation of HECK v. HUMPHREY: Limiting §1983 Claims Tied to Undecided Convictions Introduction In the case of Stanley M. Ballenger v. John Dale Owens, Lance Corporal and South Carolina State...

Reaffirming Federal Review Standards in Habeas Corpus Petitions: Wilson v. Ozmint

Date: Dec 18, 2003

Reaffirming Federal Review Standards in Habeas Corpus Petitions: Wilson v. Ozmint Introduction The case of James W. Wilson v. Jon E. Ozmint et al., adjudicated by the United States Court of Appeals...

Overbreadth in School Dress Codes: The Newsom Precedent

Date: Dec 2, 2003

Overbreadth in School Dress Codes: The Newsom Precedent Introduction In the landmark case of Alan Newsom v. Albemarle County School Board, the United States Court of Appeals for the Fourth Circuit...

Affirmation of Effective Assistance of Counsel under Strickland: Tucker v. Ozmint

Date: Dec 2, 2003

Affirmation of Effective Assistance of Counsel under Strickland: Tucker v. Ozmint 1. Introduction Tucker v. Ozmint, 350 F.3d 433 (4th Cir. 2003), is a pivotal case addressing the standards for...

Deliberate Indifference in Correctional Settings: Fourth Circuit Establishes New Eighth Amendment Standard

Date: Nov 20, 2003

Deliberate Indifference in Correctional Settings: Fourth Circuit Establishes New Eighth Amendment Standard Introduction The case of Clinton W. Odom v. South Carolina Department of Corrections...

Bailey v. Kennedy: Clarifying Qualified Immunity in Police Seizure and Use of Force Cases

Date: Nov 18, 2003

Bailey v. Kennedy: Clarifying Qualified Immunity in Police Seizure and Use of Force Cases Introduction In the landmark case of Michael Bailey; Jane Bailey; Billy Bailey v. D.H. Kennedy; D.B. Whitley;...

Reinforcing Standards for Withdrawing Guilty Pleas under Federal Rule 11: Insights from United States v. Bowman

Date: Oct 31, 2003

Reinforcing Standards for Withdrawing Guilty Pleas under Federal Rule 11: Insights from United States v. Bowman Introduction United States v. Ronnie Bowman is a pivotal case adjudicated by the United...

Clarifying Class Certification Criteria under Fed. R. Civ. P. 23: Predominance and Superiority in Multi-Party Healthcare Plan Litigation

Date: Oct 31, 2003

Clarifying Class Certification Criteria under Fed. R. Civ. P. 23: Predominance and Superiority in Multi-Party Healthcare Plan Litigation Introduction The case of Mary B. Gunnells et al. v. Healthplan...

Establishing Reasonableness of Attorney Fees under 42 U.S.C. §406(b)(1): Insights from Claypool v. Barnhart

Date: Oct 10, 2003

Establishing Reasonableness of Attorney Fees under 42 U.S.C. §406(b)(1): Insights from Claypool v. Barnhart Introduction The case of Nathan D. Claypool v. Jo Anne B. Barnhart addresses the critical...

Limiting Infringer’s Profit Attribution under 17 U.S.C. §504(b): Comprehensive Analysis of BOUCHAT v. BALTIMORE RAVENS

Date: Oct 9, 2003

Limiting Infringer’s Profit Attribution under 17 U.S.C. §504(b): Comprehensive Analysis of BOUCHAT v. BALTIMORE RAVENS Introduction The case of Frederick E. BOUCHAT v. BALTIMORE RAVENS Football Club,...

Expanding Federal Kidnapping Jurisdiction: Unaccompanied Interstate Transportation Under 18 U.S.C. § 1201(a)(1) – United States v. Christopher Andaryl Wills

Date: Oct 8, 2003

Expanding Federal Kidnapping Jurisdiction: Unaccompanied Interstate Transportation Under 18 U.S.C. § 1201(a)(1) – United States v. Christopher Andaryl Wills Introduction The case of United States of...

Enforcement of PLRA's Exhaustion Requirement in Federal Summary Judgment: Chase v. Peay

Date: Oct 1, 2003

Enforcement of PLRA's Exhaustion Requirement in Federal Summary Judgment: Chase v. Peay Introduction Warren Chase v. Phlonda Peay, et al., Civil Action No. CCB-98-2367, was adjudicated by the United...

Comprehensive Commentary on United States v. Charles William McHan: Expanding the Scope of Substitute Property Forfeiture

Date: Sep 30, 2003

Expanding the Scope of Substitute Property Forfeiture: Insights from United States v. Charles William McHan Introduction United States of America v. Charles William McHan is a pivotal case...

Authority of Magistrate Judges in Rule 11 Proceedings and Limits on De Novo Review: Insights from United States v. Osborne

Date: Sep 26, 2003

Authority of Magistrate Judges in Rule 11 Proceedings and Limits on De Novo Review: Insights from United States v. Osborne Introduction United States v. Betty Anne Osborne, 345 F.3d 281 (4th Cir....

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