4th Circuit Case Commentaries

Authentication and Hearsay Exceptions in Immigration Fraud: United States v. Vidacak

Date: Jan 24, 2009

Authentication and Hearsay Exceptions in Immigration Fraud: United States v. Vidacak Introduction United States of America v. Veselin Vidacak is a pivotal case decided by the United States Court of...

Fourth Circuit Establishes Three-Year Statute of Limitations for ERISA §1132(c) Claims in South Carolina

Date: Jan 22, 2009

Fourth Circuit Establishes Three-Year Statute of Limitations for ERISA §1132(c) Claims in South Carolina Introduction In the landmark case of Sherry Pressley v. Tupperware Long Term Disability Plan...

Fourth Circuit Upholds Warrantless Cell Phone Searches and Deferred Inventory Procedures

Date: Jan 16, 2009

Fourth Circuit Upholds Warrantless Cell Phone Searches and Deferred Inventory Procedures Introduction In the case of United States of America v. Damian Antonio Murphy, decided on January 15, 2009,...

U.S. Fourth Circuit Reverses Preliminary Injunction on West Virginia's Video Lottery Advertising Restrictions

Date: Jan 14, 2009

U.S. Fourth Circuit Reverses Preliminary Injunction on West Virginia's Video Lottery Advertising Restrictions Introduction The case of WV Association of Club Owners and Fraternal Services, Inc. v....

Affirmation of Appeal Waivers and Preclusion of Collateral Challenges: Insights from United States v. Jason Landis Linder

Date: Jan 13, 2009

Affirmation of Appeal Waivers and Preclusion of Collateral Challenges: Insights from United States v. Jason Landis Linder Introduction In United States v. Jason Landis Linder, 552 F.3d 391 (4th Cir....

Affirmation of Virginia's Long-Arm Statute in Exercising Personal Jurisdiction over Foreign Entities: CFA Institute v. ICFAI

Date: Jan 10, 2009

Affirmation of Virginia's Long-Arm Statute in Exercising Personal Jurisdiction over Foreign Entities: CFA Institute v. ICFAI Introduction The case CFA Institute v. Institute of Chartered Financial...

Double Jeopardy Protections Affirmed in United States v. Hall and Handy

Date: Jan 9, 2009

Double Jeopardy Protections Affirmed in United States v. Hall and Handy Introduction In United States v. Christopher A. Hall and William L. Handy, Jr. (551 F.3d 257, 4th Cir. 2009), the United States...

Enhanced Warranty Limitations in Motor Vehicle Sales: Insights from Robinson v. American Honda Motor Company, Inc. & Michelin North America, Inc.

Date: Jan 6, 2009

Enhanced Warranty Limitations in Motor Vehicle Sales: Insights from Robinson v. American Honda Motor Company, Inc. & Michelin North America, Inc. Introduction The case of Paul F. Robinson versus...

Limitation on Sentence Reductions Under §3582(c)(2): Insights from United States v. Dunphy

Date: Jan 6, 2009

Limitation on Sentence Reductions Under §3582(c)(2): Insights from United States v. Dunphy Introduction United States v. Gena Marie Dunphy, 551 F.3d 247 (4th Cir. 2009), addresses significant issues...

Exhaustion of Administrative Remedies in Employment Discrimination Cases: Insights from Jones v. Calvert Group Ltd.

Date: Jan 6, 2009

Exhaustion of Administrative Remedies in Employment Discrimination Cases: Insights from Jones v. Calvert Group Ltd. Introduction In Linda Jones v. Calvert Group, Ltd., 551 F.3d 297 (4th Cir. 2009),...

Defining "Things of Value" Under §302 LMRA: Fourth Circuit Upholds Non-Violation in Union Access Agreements

Date: Dec 24, 2008

Defining "Things of Value" Under §302 LMRA: Fourth Circuit Upholds Non-Violation in Union Access Agreements Introduction The case Ronnie ADCOCK et al. v. Freightliner LLC et al. (550 F.3d 369)...

Conflict of Interest and Discretionary Standards in ERISA Plans: A Commentary on Champion v. Black Decker

Date: Dec 20, 2008

Conflict of Interest and Discretionary Standards in ERISA Plans: A Commentary on Champion v. Black Decker Introduction Champion v. Black Decker is a pivotal case adjudicated by the United States...

Restricting Removal Authority for Additional Counter-Defendants under CAFA: Palisades Collections LLC v. Charlene Shorts

Date: Dec 17, 2008

Restricting Removal Authority for Additional Counter-Defendants under CAFA: Palisades Collections LLC v. Charlene Shorts Introduction The case of Palisades Collections LLC v. Charlene Shorts (552...

Strict Interpretation of Minimal Diversity under CAFA: Fourth Circuit's Decision in Advance America v. Johnson & Herbert

Date: Dec 13, 2008

Strict Interpretation of Minimal Diversity under CAFA: Fourth Circuit's Decision in Advance America v. Johnson & Herbert Introduction In the landmark case of Lisa A. Johnson; Gilbert A. Herbert v....

Affirmation of Political Patronage Dismissal Standards for Management Service Employees

Date: Dec 13, 2008

Affirmation of Political Patronage Dismissal Standards for Management Service Employees Introduction In the case of Celeste Nader v. State of Maryland, the United States Court of Appeals for the...

Reinforcing the Need for a Strong Inference of Scienter in Securities Fraud Claims: Da v. Cozzarelli et al.

Date: Dec 13, 2008

Reinforcing the Need for a Strong Inference of Scienter in Securities Fraud Claims: Da v. Cozzarelli et al. Introduction The case of Da v. d COZZARELLI; Stephanie Cozzarelli; Frankfurt-Trust In,...

Fourth Circuit Reinforces Exhaustion of Administrative Remedies in Deportation Cases: Massis v. Mukasey

Date: Dec 10, 2008

Fourth Circuit Reinforces Exhaustion of Administrative Remedies in Deportation Cases: Massis v. Mukasey Introduction In Nimatallah Shafik Massis v. Michael B. Mukasey, 549 F.3d 631 (4th Cir. 2008),...

NEPA Private Right of Action Against State Officials Affirmed under Eleventh Amendment

Date: Dec 6, 2008

NEPA Private Right of Action Against State Officials Affirmed under Eleventh Amendment Introduction In the landmark case SOUTH CAROLINA WILDLIFE FEDERATION; South Carolina Coastal Conservation...

Fourth Circuit Upholds Employer's Right to Terminate FMLA Leave Pending Fitness-for-Duty Certification

Date: Dec 6, 2008

Fourth Circuit Upholds Employer's Right to Terminate FMLA Leave Pending Fitness-for-Duty Certification Introduction In the case of Winfred Howard v. Inova Health Care Services, adjudicated by the...

Fourth Circuit Clarifies Prevailing Party Status and Attorney's Fees under SOX in Grissom v. Mills Corporation

Date: Dec 4, 2008

Fourth Circuit Clarifies Prevailing Party Status and Attorney's Fees under SOX in Grissom v. Mills Corporation Introduction In Kenneth R. Grissom, II v. The Mills Corporation, 549 F.3d 313 (4th Cir....