4th Circuit Case Commentaries

States Granted Unrestricted Discretion Over Tobacco Settlement Funds: Fourth Circuit Affirms Prohibition on Individual Medicaid Recovery Claims

Date: May 23, 2002

States Granted Unrestricted Discretion Over Tobacco Settlement Funds: Fourth Circuit Affirms Prohibition on Individual Medicaid Recovery Claims Introduction The case of Strawser et al. v. Atkins et...

Deference of Civil Courts to Hierarchical Ecclesiastical Authority: Dixon v. Edwards (4th Cir. 2002)

Date: May 23, 2002

Deference of Civil Courts to Hierarchical Ecclesiastical Authority: Dixon v. Edwards (4th Cir. 2002) Introduction Jane Holmes Dixon, serving as the Bishop Pro Tempore of the Diocese of Washington...

Apprendi v. San-Miguel & Young: Non-Retroactivity of New Criminal Procedure Rules on Collateral Review

Date: May 22, 2002

Apprendi v. San-Miguel & Young: Non-Retroactivity of New Criminal Procedure Rules on Collateral Review Introduction In the landmark case of Carlos Pagan San-Miguel, Petitioner-Appellant, v. Dan L....

Fullwood v. Warden: Standards for Third-Party Juror Influence and Extraneous Jury Information

Date: May 22, 2002

Fullwood v. Warden: Standards for Third-Party Juror Influence and Extraneous Jury Information Introduction Fullwood v. Warden is a pivotal case decided by the United States Court of Appeals for the...

Denis v. Columbia Colleton Medical Center: Affirming Gender Discrimination Protections under Title VII

Date: May 17, 2002

Denis v. Columbia Colleton Medical Center: Affirming Gender Discrimination Protections under Title VII Introduction The case of Joyce K. Dennis v. Columbia Colleton Medical Center, Incorporated,...

Severability and Enforceability of Arbitration Agreements under the FAA: Insights from Snowden v. CheckPoint Check Cashing

Date: May 16, 2002

Severability and Enforceability of Arbitration Agreements under the FAA: Insights from Snowden v. CheckPoint Check Cashing Introduction The case of Snowden v. CheckPoint Check Cashing; Elite...

Limits of Due Process in University Disciplinary Proceedings under §1983: Tigrett and Kintz v. University of Virginia

Date: May 15, 2002

Limits of Due Process in University Disciplinary Proceedings under §1983: Tigrett and Kintz v. University of Virginia Introduction The appellate case of Tigrett and Kintz v. University of Virginia...

Murray v. United Food Commercial Workers: Unconscionability of Arbitration Agreements in Employment Disputes

Date: May 11, 2002

Murray v. United Food Commercial Workers: Unconscionability of Arbitration Agreements in Employment Disputes Introduction Daniel C. Murray, a 42-year-old white male, initiated a lawsuit against his...

Governmental Immunity under the Discretionary Function Exception: An Analysis of Smith v. WMATA

Date: May 11, 2002

Governmental Immunity under the Discretionary Function Exception: An Analysis of Smith v. WMATA Introduction In the landmark case of Richard Lee Smith, Individually and as Personal Representative of...

Jurisdictional Barriers in Federal Arbitration Enforcement: Friedman’s Inc. v. Dunlap and the Rooker-Feldman Doctrine

Date: May 10, 2002

Jurisdictional Barriers in Federal Arbitration Enforcement: Friedman’s Inc. v. Dunlap and the Rooker-Feldman Doctrine Introduction Friedman’s, Inc. d/b/a American Bankers Insurance Company of...

EX PARTE YOUNG Exception Affirmed in Medicaid Compliance Case

Date: May 10, 2002

EX PARTE YOUNG Exception Affirmed in Medicaid Compliance Case Introduction In the landmark case of Samuel ANTRICAN, minor; Alana Antrican, minor, by their next friend Angela Antrican, et al. v....

Notice Requirements for Recharacterizing Post-Conviction Motions under § 2255

Date: May 8, 2002

Notice Requirements for Recharacterizing Post-Conviction Motions under § 2255 Introduction The case of United States of America v. Shahborn Emmanuel (288 F.3d 644) adjudicated by the United States...

Basden v. Lee: Upholding Brady Materiality and Procedural Barriers in Postconviction Relief

Date: May 4, 2002

Basden v. Lee: Upholding Brady Materiality and Procedural Barriers in Postconviction Relief Introduction In Basden v. Lee, 290 F.3d 602 (4th Cir. 2002), the United States Court of Appeals for the...

Limitation on Third-Party Negligence Claims Against Healthcare Providers: Iodice v. United States

Date: May 3, 2002

Limitation on Third-Party Negligence Claims Against Healthcare Providers: Iodice v. United States Introduction In the case of Iodice v. United States, the plaintiffs—Aline Joan Iodice, James Iodice,...

Affirmation of Limited Standing for Individual Employees in Enforcing Arbitration Awards Under Collective Bargaining Agreements: Bryant v. Bell Atlantic Maryland

Date: Apr 30, 2002

Affirmation of Limited Standing for Individual Employees in Enforcing Arbitration Awards Under Collective Bargaining Agreements: Bryant v. Bell Atlantic Maryland Introduction In Joseph Bryant, Sr.,...

Fourth Circuit Affirms Federal Jurisdiction and Enforces Policy Limitations in Battle v. Seibels Bruce Insurance Co.

Date: Apr 30, 2002

Fourth Circuit Affirms Federal Jurisdiction and Enforces Policy Limitations in Battle v. Seibels Bruce Insurance Co. Introduction Joseph Battle v. Seibels Bruce Insurance Company is a landmark case...

Claim Preclusion under Res Judicata through Default Judgment: Insights from Orca Yachts v. Mollicam

Date: Apr 23, 2002

Claim Preclusion under Res Judicata through Default Judgment: Insights from Orca Yachts v. Mollicam Introduction Orca Yachts, L.L.C., a North Carolina corporation, engaged in manufacturing long-range...

Impeachment Evidence and Expert Testimony in 18 U.S.C.A. § 1001 Violations: Insights from United States v. Michael Barile

Date: Apr 19, 2002

Impeachment Evidence and Expert Testimony in 18 U.S.C.A. § 1001 Violations: Insights from United States v. Michael Barile Introduction United States v. Michael Barile, 286 F.3d 749 (4th Cir. 2002),...

Strict Application of Colorado River Abstention Doctrine in Parallel Litigation: Gannett Corp. v. Clark Constr.

Date: Apr 19, 2002

Strict Application of Colorado River Abstention Doctrine in Parallel Litigation: Gannett Corp. v. Clark Constr. Introduction The case of Gannett Company, Incorporated v. The Clark Construction Group,...

No Constitutionally Protected Liberty Interest in Work Release Under Virginia Law: Kitchen v. Upshaw

Date: Apr 10, 2002

No Constitutionally Protected Liberty Interest in Work Release Under Virginia Law: Kitchen v. Upshaw Introduction Ronnell Gray Kitchen brought a lawsuit against Douglas L. Upshaw, Janulyn Y. Lennon,...

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