4th Circuit Case Commentaries

Rule 702 and Daubert Standards Justify Exclusion of Expert Testimony, Resulting in Summary Judgment in Southern Source Packaging v. Gallagher

Date: Jun 21, 2008

Rule 702 and Daubert Standards Justify Exclusion of Expert Testimony, Resulting in Summary Judgment in Southern Source Packaging v. Gallagher Introduction In the case of James M. Gallagher, as...

Reaffirming the Immediate Custodian Rule: Comprehensive Analysis of United States v. Poole

Date: Jun 21, 2008

Reaffirming the Immediate Custodian Rule: Comprehensive Analysis of United States v. Poole (531 F.3d 263) Introduction United States v. Jason Conrad Poole is a landmark decision by the United States...

Affirmation of Summary Judgment in Webb v. Hamidullah: Deliberate Indifference in Prison Medical Care Reevaluated

Date: Jun 7, 2008

Affirmation of Summary Judgment in Webb v. Hamidullah: Deliberate Indifference in Prison Medical Care Reevaluated Introduction In the case of William Eugene Webb v. Matthew B. Hamidullah, Warden, the...

Reaffirming Appellate Scrutiny on Sentencing Deviations in International Terrorism Cases: Insights from United States v. Abu Ali

Date: Jun 7, 2008

Reaffirming Appellate Scrutiny on Sentencing Deviations in International Terrorism Cases: Insights from United States v. Abu Ali Introduction In the landmark case of United States v. Ahmed Omar Abu...

Affirmation of 'Shock the Conscience' Standard in Section 1983 Due Process Claims: Waybright v. Frederick County Fire Rescue Services

Date: Jun 3, 2008

Affirmation of 'Shock the Conscience' Standard in Section 1983 Due Process Claims: Waybright v. Frederick County Fire Rescue Services Introduction Waybright v. Frederick County Fire Rescue Services,...

Steinburg v. Chesterfield County Planning Commission: Upholding Order in Limited Public Forums

Date: May 30, 2008

Steinburg v. Chesterfield County Planning Commission: Upholding Order in Limited Public Forums Introduction In Robert C. Steinburg v. Chesterfield County Planning Commission, 527 F.3d 377 (4th Cir....

Appellate Deference in Sentencing: Upholding Significant Deviations from Guidelines

Date: May 28, 2008

Appellate Deference in Sentencing: Upholding Significant Deviations from Guidelines Introduction The case of United States v. Ulysses Ray Evans, 526 F.3d 155 (4th Cir. 2008), serves as a pivotal...

Distinguishing Fraudulent Inducement from Breach of Contract under the False Claims Act: Analysis of Da v. Wilson

Date: May 17, 2008

Distinguishing Fraudulent Inducement from Breach of Contract under the False Claims Act: Analysis of Da v. Wilson Introduction The case UNITED STATES of America ex rel. Da v. d L. WILSON, James...

Mandatory Accurate Reporting of Disputes by Furnishers under FCRA: Insights from Saunders v. Branch Banking Trust Co. of Virginia

Date: May 15, 2008

Mandatory Accurate Reporting of Disputes by Furnishers under FCRA: Insights from Saunders v. Branch Banking Trust Co. of Virginia Introduction Saunders v. Branch Banking Trust Company of Virginia is...

United States v. Lentz: Affirming the "Interstate Commerce" Element in Federal Kidnapping Cases

Date: May 13, 2008

United States v. Lentz: Affirming the "Interstate Commerce" Element in Federal Kidnapping Cases Introduction The case of United States of America v. Jay E. Lentz, decided by the United States Court...

Affirmation of Summary Judgment Standards in VCCA and VUTSA Claims: Othentec Limited v. Phelan et al.

Date: May 13, 2008

Affirmation of Summary Judgment Standards in VCCA and VUTSA Claims: Othentec Limited v. Phelan et al. Introduction The case Othentec Limited; Othentec Ltd; EC4 Technologies Limited v. Jeffrey Phelan;...

Application of the PLRA's "Three Strikes" Rule in Dismissing Prisoner’s §1983 Claims

Date: May 12, 2008

Application of the PLRA's "Three Strikes" Rule in Dismissing Prisoner’s §1983 Claims Introduction The case of Willie S. Merriweather v. Cecilia Reynolds et al. serves as a pivotal example of the...

Fourth Circuit Upholds Requirement for Individual Drug Quantity Findings in Drug Conspiracy Cases: Analysis of United States v. Brooks et al.

Date: May 9, 2008

Fourth Circuit Upholds Requirement for Individual Drug Quantity Findings in Drug Conspiracy Cases: Analysis of United States v. Brooks et al. Introduction In the landmark case of United States of...

Franks Hearing Eligibility Enhanced: United States v. Davon Tate

Date: May 7, 2008

Franks Hearing Eligibility Enhanced: United States v. Davon Tate Introduction In the landmark case United States v. Davon Tate (524 F.3d 449), the United States Court of Appeals for the Fourth...

Fourth Circuit Validates North Carolina's Matching Funds Provisions for Judicial Campaigns

Date: May 2, 2008

Fourth Circuit Validates North Carolina's Matching Funds Provisions for Judicial Campaigns Introduction The case of NORTH CAROLINA RIGHT TO LIFE COMMITTEE FUND FOR INDEPENDENT POLITICAL EXPENDITURES...

Overbreadth and Vagueness in Campaign Finance Laws: Fourth Circuit Rules Against North Carolina Provisions

Date: May 2, 2008

Overbreadth and Vagueness in Campaign Finance Laws: Fourth Circuit Rules Against North Carolina Provisions Introduction In the case of North Carolina Right to Life, Incorporated v. Larry Leake, 525...

Protecting Individual Rights in Public Forums: A Comprehensive Analysis of WILLIS v. TOWN OF MARSHALL

Date: May 1, 2008

Protecting Individual Rights in Public Forums: A Comprehensive Analysis of WILLIS v. TOWN OF MARSHALL Introduction WILLIS v. TOWN OF MARSHALL is a significant case decided by the United States Court...

Excessive Force in Post-Arrest Situations: Sonja Orem v. Matt Rephann and the Fourteenth Amendment

Date: Apr 29, 2008

Excessive Force in Post-Arrest Situations: Sonja Orem v. Matt Rephann and the Fourteenth Amendment Introduction Sonja Orem v. Matt Rephann is a pivotal case adjudicated by the United States Court of...

Affirmation of Magistrate Judges' Authority to Accept Guilty Pleas and Limitation on Withdrawal Rights: United States v. Benton

Date: Apr 29, 2008

Affirmation of Magistrate Judges' Authority to Accept Guilty Pleas and Limitation on Withdrawal Rights: United States v. Benton Introduction In the landmark case of United States of America v. Cedric...

Affirming 'Diligent Prosecution' as a Bar to Citizen Suits Under the Clean Water Act in Piney Run Preservation Ass’n v. Carroll County

Date: Apr 24, 2008

Affirming 'Diligent Prosecution' as a Bar to Citizen Suits Under the Clean Water Act in Piney Run Preservation Ass’n v. Carroll County Introduction The case of The Piney Run Preservation Association...