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  • Commentaries
  • Judgments

4th Circuit Case Commentaries

Curing vs. Modifying Secured Claims: Insights from In re Anna S. Litton, Debtor-Appellant v. Wachovia

Curing vs. Modifying Secured Claims: Insights from In re Anna S. Litton, Debtor-Appellant v. Wachovia

Date: May 28, 2003
Curing vs. Modifying Secured Claims: Insights from In re Anna S. Litton, Debtor-Appellant v. Wachovia Introduction The case of In re Anna S. Litton, Debtor-Appellant v. Wachovia (330 F.3d 636, 2003)...
Fourth Circuit Establishes Standards for Adequate Medical Treatment of Gender Identity Disorder in Prisons under the Eighth Amendment

Fourth Circuit Establishes Standards for Adequate Medical Treatment of Gender Identity Disorder in Prisons under the Eighth Amendment

Date: May 28, 2003
Fourth Circuit Establishes Standards for Adequate Medical Treatment of Gender Identity Disorder in Prisons under the Eighth Amendment Introduction In Ophelia Azriel DE'LONTA v. Ronald J. ANGELONE et...
Fourth Amendment Seizure of Pets: Reasonable Under Circumstances – Altman v. City of High Point

Fourth Amendment Seizure of Pets: Reasonable Under Circumstances – Altman v. City of High Point

Date: May 21, 2003
Fourth Amendment Seizure of Pets: Reasonable Under Circumstances – Altman v. City of High Point 1. Introduction Altman v. City of High Point is a landmark appellate case adjudicated by the United...
International Bancorp v. SBM: Expanding the Scope of "Use in Commerce" Under the Lanham Act

International Bancorp v. SBM: Expanding the Scope of "Use in Commerce" Under the Lanham Act

Date: May 20, 2003
International Bancorp v. SBM: Expanding the Scope of "Use in Commerce" Under the Lanham Act Introduction The case of International Bancorp, LLC; International Services, Incorporated; International...
Affirmation of Summary Judgment in King v. Rumsfeld: Clarifying Prima Facie Discrimination Standards

Affirmation of Summary Judgment in King v. Rumsfeld: Clarifying Prima Facie Discrimination Standards

Date: May 9, 2003
Affirmation of Summary Judgment in King v. Rumsfeld: Clarifying Prima Facie Discrimination Standards Introduction In the landmark case of Alfred G. King v. Donald Rumsfeld, the United States Court of...
Establishment Clause and State-Sponsored Prayer at Military Institutions: Comprehensive Analysis of Mellen v. Bunting

Establishment Clause and State-Sponsored Prayer at Military Institutions: Comprehensive Analysis of Mellen v. Bunting

Date: Apr 29, 2003
Establishment Clause and State-Sponsored Prayer at Military Institutions: Comprehensive Analysis of Mellen v. Bunting Introduction The case of Neil J. Mellen; Paul S. Knick v. Josiah Bunting, III...
Limiting Successive §2255 Applications Under AEDPA: Analysis of Winestock v. United States

Limiting Successive §2255 Applications Under AEDPA: Analysis of Winestock v. United States

Date: Apr 26, 2003
Limiting Successive §2255 Applications Under AEDPA: Analysis of Winestock v. United States Introduction In Winestock v. United States (340 F.3d 200, 4th Cir. 2003), the United States Court of Appeals...
Timeliness of Federal Habeas Petitions under 28 U.S.C. § 2254(d)(1): Insights from Carroll E. Wade v. Robinson

Timeliness of Federal Habeas Petitions under 28 U.S.C. § 2254(d)(1): Insights from Carroll E. Wade v. Robinson

Date: Apr 23, 2003
Timeliness of Federal Habeas Petitions under 28 U.S.C. § 2254(d)(1): Insights from Carroll E. Wade v. Robinson Introduction The case of Carroll E. Wade v. Dave Robinson delves into the complexities...
Qualified Immunity in Racial Classification Investigations: Analysis of Williams v. Fayetteville

Qualified Immunity in Racial Classification Investigations: Analysis of Williams v. Fayetteville

Date: Apr 23, 2003
Qualified Immunity in Racial Classification Investigations: Analysis of Williams v. Fayetteville Introduction Williams v. Fayetteville, 326 F.3d 569 (4th Cir. 2003), is a pivotal case addressing the...
Fourth Circuit Recognizes Title VI Retaliation Claims Based on Opposition to Discriminatory Practices

Fourth Circuit Recognizes Title VI Retaliation Claims Based on Opposition to Discriminatory Practices

Date: Apr 23, 2003
Fourth Circuit Recognizes Title VI Retaliation Claims Based on Opposition to Discriminatory Practices Introduction In the landmark case of Cheryl A. Peters v. Timothy Jenney, the United States Court...
Defining the 'Significant Jeopardy' Standard for Extended School Year Services under IDEA

Defining the 'Significant Jeopardy' Standard for Extended School Year Services under IDEA

Date: Apr 22, 2003
Defining the 'Significant Jeopardy' Standard for Extended School Year Services under the IDEA Introduction In the case of JD and SS v. Henrico County School Board (326 F.3d 560), the United States...
Ekenasi v. Education Resources Institute: Precedent on Discharge of Federal Student Loans in Chapter 13 Bankruptcy

Ekenasi v. Education Resources Institute: Precedent on Discharge of Federal Student Loans in Chapter 13 Bankruptcy

Date: Apr 17, 2003
Ekenasi v. Education Resources Institute: Precedent on Discharge of Federal Student Loans in Chapter 13 Bankruptcy Introduction In the landmark case of Ekenasi v. Education Resources Institute, the...
Reaffirmation of Article III Standing Standards in Clean Water Act Litigation

Reaffirmation of Article III Standing Standards in Clean Water Act Litigation

Date: Apr 17, 2003
Reaffirmation of Article III Standing Standards in Clean Water Act Litigation Introduction The case of American Canoe Association, Incorporated; Professional Paddlesports Association; The...
Use of Excessive Force: Jones v. Buchanan – Establishing Bounds of Reasonable Police Conduct

Use of Excessive Force: Jones v. Buchanan – Establishing Bounds of Reasonable Police Conduct

Date: Apr 16, 2003
Use of Excessive Force: Jones v. Buchanan – Establishing Bounds of Reasonable Police Conduct Introduction The case of Edward Arthur Jones v. Richard Buchanan (325 F.3d 520) adjudicated by the United...
Virginia Code § 46.2-930 Unconstitutional as Applied to Peaceful Protests: Da v. Doyle

Virginia Code § 46.2-930 Unconstitutional as Applied to Peaceful Protests: Da v. Doyle

Date: Apr 15, 2003
Virginia Code § 46.2-930 Unconstitutional as Applied to Peaceful Protests: Da v. Doyle Introduction In the landmark case Da v. Doyle, the United States Court of Appeals for the Fourth Circuit...
Fourth Circuit Reinforces Standards for Money Laundering and False Claims in Medicaid Fraud: Insights from United States v. Bolden

Fourth Circuit Reinforces Standards for Money Laundering and False Claims in Medicaid Fraud: Insights from United States v. Bolden

Date: Apr 4, 2003
Fourth Circuit Reinforces Standards for Money Laundering and False Claims in Medicaid Fraud: Insights from United States v. Bolden 1. Introduction In United States of America v. Glennis L. Bolden,...
Reaffirming the Admissibility of Fingerprint and Handwriting Analyses Under Daubert Standards

Reaffirming the Admissibility of Fingerprint and Handwriting Analyses Under Daubert Standards

Date: Apr 1, 2003
Reaffirming the Admissibility of Fingerprint and Handwriting Analyses Under Daubert Standards Introduction In the case of United States v. Patrick Leroy Crisp, 324 F.3d 261 (4th Cir. 2003), the...
Monroe v. Angelone (2003): Reinforcing Brady Obligations on Prosecutors to Disclose Exculpatory Evidence

Monroe v. Angelone (2003): Reinforcing Brady Obligations on Prosecutors to Disclose Exculpatory Evidence

Date: Mar 27, 2003
Monroe v. Angelone (2003): Reinforcing Brady Obligations on Prosecutors to Disclose Exculpatory Evidence Introduction Monroe v. Angelone, decided by the United States Court of Appeals for the Fourth...
Affirmation of Dismissal and Procedural Standards for Rule 11 Sanctions in Bass v. E.I. DuPont de Nemours Company

Affirmation of Dismissal and Procedural Standards for Rule 11 Sanctions in Bass v. E.I. DuPont de Nemours Company

Date: Mar 27, 2003
Affirmation of Dismissal and Procedural Standards for Rule 11 Sanctions in Bass v. E.I. DuPont de Nemours Company Introduction In Portia Bass, Plaintiff-Appellant, v. E.I. DuPont de Nemours Company,...
District Courts Lack Jurisdiction to Award Attorney's Fees for Administrative Services under 42 U.S.C. § 406(b)

District Courts Lack Jurisdiction to Award Attorney's Fees for Administrative Services under 42 U.S.C. § 406(b)

Date: Mar 8, 2003
District Courts Lack Jurisdiction to Award Attorney's Fees for Administrative Services under 42 U.S.C. § 406(b) Introduction The case of Marie D. Brown v. Jo Anne B. Barnhart, decided on March 7,...
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