4th Circuit Case Commentaries

Strickland Standard Upheld: Ineffective Assistance of Appellate Counsel in Death Penalty Sentencing – Lawrence v. Branker

Date: Feb 23, 2008

Strickland Standard Upheld: Ineffective Assistance of Appellate Counsel in Death Penalty Sentencing – Lawrence v. Branker 1. Introduction The case of Jimmie Wayne Lawrence v. Gerald J. Branker is a...

Expanding Asylum Protections Against Coercive Population Control: Insights from Li Fang Lin v. Mukasey

Date: Feb 21, 2008

Expanding Asylum Protections Against Coercive Population Control: Insights from Li Fang Lin v. Mukasey Introduction Li Fang Lin, a citizen of the People's Republic of China, faced severe...

ADA and Due Process in Zoning: A New Precedent from A Helping Hand, LLC v. Baltimore County

Date: Feb 13, 2008

ADA and Due Process in Zoning: A New Precedent from A Helping Hand, LLC v. Baltimore County Introduction A Helping Hand, LLC v. Baltimore County is a landmark case decided by the United States Court...

Affirmation of Habeas Corpus Denial in GREEN v. JOHNSON: Standards for Mental Retardation Claims and Ineffective Assistance of Counsel

Date: Feb 12, 2008

Affirmation of Habeas Corpus Denial in GREEN v. JOHNSON: Standards for Mental Retardation Claims and Ineffective Assistance of Counsel Introduction GREEN v. JOHNSON is a pivotal appellate decision...

Balancing Religious Accommodations and Employer Obligations: Insights from Firestone Fibers Textiles Co. v. EEOC

Date: Feb 12, 2008

Balancing Religious Accommodations and Employer Obligations: Insights from Firestone Fibers Textiles Co. v. EEOC Introduction The case of Equal Employment Opportunity Commission (EEOC) v. Firestone...

Reinstatement of Mann Act and Money Laundering Convictions: Clarifying Corporate Criminal Liability

Date: Feb 9, 2008

Reinstatement of Mann Act and Money Laundering Convictions: Clarifying Corporate Criminal Liability Introduction In the landmark case United States v. Surendra D. Singh, Dilipkumar Somabhai Patel,...

EEOC's Oversight of Contractual Discrimination under ADA Not Subject to Leedom Finality Exception: Holding in LTC Partners v. United States

Date: Feb 6, 2008

EEOC's Oversight of Contractual Discrimination under ADA Not Subject to Leedom Finality Exception: Holding in LTC Partners v. United States Introduction In the case of Long Term Care Partners, LLC v....

United States v. Udeozor: Upholding the Admissibility of Abusive Evidence in Conspiracy to Hold Involuntary Servitude

Date: Feb 2, 2008

United States v. Udeozor: Upholding the Admissibility of Abusive Evidence in Conspiracy to Hold Involuntary Servitude Introduction United States v. Adaobi Stella Udeozor is a pivotal appellate case...

Retaliation Protections for Former Employees Under the FLSA: Darveau v. Detecon

Date: Feb 1, 2008

Retaliation Protections for Former Employees Under the FLSA: Darveau v. Detecon Introduction In Larry Darveau v. Detecon, Inc., 515 F.3d 334 (4th Cir. 2008), the United States Court of Appeals for...

United States v. Osborne: Establishing the Scope of Abduction Enhancement in Robbery Convictions

Date: Jan 30, 2008

United States v. Osborne: Establishing the Scope of Abduction Enhancement in Robbery Convictions Introduction In United States of America v. Sean Christopher Osborne, 514 F.3d 377 (4th Cir. 2008),...

Expansion of Breach of Contract Claims Recognized Over Summary Judgment in Barclay White Skanska v. Battelle Memorial

Date: Jan 30, 2008

Expansion of Breach of Contract Claims Recognized Over Summary Judgment in Barclay White Skanska v. Battelle Memorial Introduction The case of Barclay White Skanska, Inc. v. Battelle Memorial...

Enhancing the Standards for Reasonable Suspicion: A Comprehensive Analysis of United States v. McCoy

Date: Jan 26, 2008

Enhancing the Standards for Reasonable Suspicion: A Comprehensive Analysis of United States v. McCoy Introduction In the pivotal case of United States of America v. Stanaus McCoy, 513 F.3d 405 (4th...

Clarifying Arbitration Award Interpretation: Burlington Insurance v. Trygg-Hansa

Date: Jan 18, 2008

Clarifying Arbitration Award Interpretation: Burlington Insurance v. Trygg-Hansa Introduction The case of The Burlington Insurance Company; First Financial Insurance Company; Burlington Insurance...

Notice Requirements in §2255 Recharacterization: Impact of United States v. Blackstock

Date: Jan 10, 2008

Notice Requirements in §2255 Recharacterization: Impact of United States v. Blackstock Introduction The case of United States of America v. Ian Ralph Blackstock, decided by the United States Court of...

Reaffirming the Abuse of Discretion Standard in ERISA Disability Claims: Evans v. Eaton Corporation

Date: Jan 9, 2008

Reaffirming the Abuse of Discretion Standard in ERISA Disability Claims: Evans v. Eaton Corporation Introduction The case of Brenda Evans v. Eaton Corporation Long Term Disability Plan (514 F.3d 315)...

Bowie v. Branker: Clarifying Standards for Ineffective Assistance of Counsel in Sentencing

Date: Jan 4, 2008

Bowie v. Branker: Clarifying Standards for Ineffective Assistance of Counsel in Sentencing 1. Introduction Bowie v. Branker, 512 F.3d 112 (4th Cir. 2008), is a pivotal case that examines the...

Strict Enforcement of the Mandate Rule in Attorneys' Fees Awards: Analysis of Buck DOE v. CHAO

Date: Dec 29, 2007

Strict Enforcement of the Mandate Rule in Attorneys' Fees Awards: Analysis of Buck DOE v. CHAO Introduction Buck Doe and other plaintiffs initiated legal action against Elaine L. Chao, Secretary of...

Affirmation of Discretionary Sentencing Variance Under 18 U.S.C. § 3553(a): United States v. Pauley

Date: Dec 29, 2007

Affirmation of Discretionary Sentencing Variance Under 18 U.S.C. § 3553(a): United States v. Pauley Introduction United States of America v. Larry Pauley is a significant appellate case adjudicated...

Comprehensive Commentary on Suzanne Sloane v. Equifax Information Services, LLC: Establishing Standards for Emotional Distress Damages under the FCRA

Date: Dec 28, 2007

Fourth Circuit Establishes Standards for Emotional Distress Damages under the FCRA Introduction In the landmark case of Suzanne Sloane v. Equifax Information Services, LLC, decided by the United...

Dismissal of Unconventional Mortgage Payment Claims: Bryant v. Washington Mutual Bank

Date: Dec 20, 2007

Dismissal of Unconventional Mortgage Payment Claims: Bryant v. Washington Mutual Bank Introduction The case of Maureen Bryant v. Washington Mutual Bank, Howard Bierman, and Bierman, Geesing, Ward,...