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  • Commentaries
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4th Circuit Case Commentaries

Fourth Circuit Clarifies Qualified Immunity in Excessive Force Cases Against Unarmed, Mentally Ill Individuals

Fourth Circuit Clarifies Qualified Immunity in Excessive Force Cases Against Unarmed, Mentally Ill Individuals

Date: Mar 26, 2002
Fourth Circuit Clarifies Qualified Immunity in Excessive Force Cases Against Unarmed, Mentally Ill Individuals Introduction The case of Robert Clem v. S. Corbeau, et al. adjudicated by the United...
Boundaries of Supervisory Liability and Qualified Immunity under Section 1983: Turner v. Kight

Boundaries of Supervisory Liability and Qualified Immunity under Section 1983: Turner v. Kight

Date: Mar 26, 2002
Boundaries of Supervisory Liability and Qualified Immunity under Section 1983: Turner v. Kight Introduction Turner v. Kight is a notable case adjudicated by the United States District Court for the...
South Atlantic Ltd. v. Riese & Gibraltar: Defining Fiduciary Duties and Strengthening UTPA Enforcement in Partnership Expulsions

South Atlantic Ltd. v. Riese & Gibraltar: Defining Fiduciary Duties and Strengthening UTPA Enforcement in Partnership Expulsions

Date: Mar 23, 2002
South Atlantic Ltd. v. Riese & Gibraltar: Defining Fiduciary Duties and Strengthening UTPA Enforcement in Partnership Expulsions Introduction The case of South Atlantic Limited Partnership of...
Nelson-Salabes, Inc. v. Morningside Development: Clarifying Joint and Several Liability in Copyright Infringement of Architectural Plans

Nelson-Salabes, Inc. v. Morningside Development: Clarifying Joint and Several Liability in Copyright Infringement of Architectural Plans

Date: Mar 20, 2002
Nelson-Salabes, Inc. v. Morningside Development: Clarifying Joint and Several Liability in Copyright Infringement of Architectural Plans Introduction The case of Nelson-Salabes, Incorporated (NSI) v....
Fourth Circuit Reinforces Standards for Ineffective Assistance of Counsel Claims on Advice to Testify

Fourth Circuit Reinforces Standards for Ineffective Assistance of Counsel Claims on Advice to Testify

Date: Mar 12, 2002
Fourth Circuit Reinforces Standards for Ineffective Assistance of Counsel Claims on Advice to Testify Introduction In the landmark case of Desmond Keith Carter v. R.C. Lee, adjudicated by the United...
Equitable Mootness in Bankruptcy Reorganization: MAC Panel Co. v. Virginia Panel Corp.

Equitable Mootness in Bankruptcy Reorganization: MAC Panel Co. v. Virginia Panel Corp.

Date: Mar 7, 2002
Equitable Mootness in Bankruptcy Reorganization: MAC Panel Co. v. Virginia Panel Corp. (283 F.3d 622) Introduction The case of MAC Panel Company ("MAC Panel") versus Virginia Panel Corporation...
Limiting Personal Jurisdiction in International Arbitration: Base Metal Trading v. Novokuznetsky Aluminum Factory

Limiting Personal Jurisdiction in International Arbitration: Base Metal Trading v. Novokuznetsky Aluminum Factory

Date: Mar 7, 2002
Limiting Personal Jurisdiction in International Arbitration: Base Metal Trading v. Novokuznetsky Aluminum Factory Introduction The case of Base Metal Trading, Limited v. OJSC "Novokuznetsky Aluminum...
Consensual Encounters and Evidentiary Standards: Insights from Weaver v. United States

Consensual Encounters and Evidentiary Standards: Insights from Weaver v. United States

Date: Mar 1, 2002
Consensual Encounters and Evidentiary Standards: Insights from Weaver v. United States Introduction Weaver v. United States, 282 F.3d 302 (4th Cir. 2002), serves as a pivotal case in elucidating the...
Affirmation of Article III Standing Requirements in Environmental Land Acquisition: Friends for Ferrell Parkway v. FWS

Affirmation of Article III Standing Requirements in Environmental Land Acquisition: Friends for Ferrell Parkway v. FWS

Date: Mar 1, 2002
Affirmation of Article III Standing Requirements in Environmental Land Acquisition: Friends for Ferrell Parkway v. FWS Introduction The case of The Friends for Ferrell Parkway, LLC; C. Randolph...
ADA Non-Coverage of Temporary Impairments Affirmed in Pollard v. High’s of Baltimore

ADA Non-Coverage of Temporary Impairments Affirmed in Pollard v. High’s of Baltimore

Date: Feb 26, 2002
ADA Non-Coverage of Temporary Impairments Affirmed in Pollard v. High’s of Baltimore Introduction In the case of Mary D. Pollard v. High's of Baltimore, Inc., the United States Court of Appeals for...
Fourth Circuit Establishes Precedent on Retaliation and Punitive Damages under Title VII

Fourth Circuit Establishes Precedent on Retaliation and Punitive Damages under Title VII

Date: Feb 26, 2002
Fourth Circuit Establishes Precedent on Retaliation and Punitive Damages under Title VII Introduction The case of Tortica Anderson v. G.D.C., Incorporated, d/b/a Unlimited Trucking, Incorporated (281...
Affirming Local Government Discretion in Land-Use Regulation Under Due Process and Equal Protection

Affirming Local Government Discretion in Land-Use Regulation Under Due Process and Equal Protection

Date: Feb 23, 2002
Affirming Local Government Discretion in Land-Use Regulation Under Due Process and Equal Protection Introduction In the case of Tri-County Paving, Incorporated v. Ashe County, heard by the United...
Clarifying Prevailing Party Standards for Attorney's Fees under 42 U.S.C. §1988 in the Fourth Circuit: Smyth v. Rivero

Clarifying Prevailing Party Standards for Attorney's Fees under 42 U.S.C. §1988 in the Fourth Circuit: Smyth v. Rivero

Date: Feb 22, 2002
Clarifying Prevailing Party Standards for Attorney's Fees under 42 U.S.C. §1988 in the Fourth Circuit: Smyth v. Rivero Introduction Smyth v. Rivero is a pivotal case decided by the United States...
Fourth Circuit Vacates Rule 11 Suspension: A Landmark Decision on Sanctions and Legal Advocacy

Fourth Circuit Vacates Rule 11 Suspension: A Landmark Decision on Sanctions and Legal Advocacy

Date: Jan 31, 2002
Fourth Circuit Vacates Rule 11 Suspension: A Landmark Decision on Sanctions and Legal Advocacy Introduction In Pamela A. Hunter, Plaintiff-Appellant, and Fred L. Williams; Timothy Harden; Floyd Love...
Enforceability of Letters of Intent: Insights from Burbach Broadcasting Co. v. Elkins Radio Corp.

Enforceability of Letters of Intent: Insights from Burbach Broadcasting Co. v. Elkins Radio Corp.

Date: Jan 26, 2002
Enforceability of Letters of Intent: Insights from Burbach Broadcasting Co. v. Elkins Radio Corp. Introduction The case of Burbach Broadcasting Company of Delaware v. Elkins Radio Corporation; Cat...
Limits of Personal Jurisdiction Over Foreign Entities: Foster v. Arletty 3 SARL

Limits of Personal Jurisdiction Over Foreign Entities: Foster v. Arletty 3 SARL

Date: Jan 26, 2002
Limits of Personal Jurisdiction Over Foreign Entities: Foster v. Arletty 3 SARL Introduction Foster v. Arletty 3 SARL, 278 F.3d 409 (4th Cir. 2002), addresses the critical issue of personal...
Enhancing Plea Agreement Transparency: Insights from United States v. Benjamin General

Enhancing Plea Agreement Transparency: Insights from United States v. Benjamin General

Date: Jan 25, 2002
Enhancing Plea Agreement Transparency: Insights from United States v. Benjamin General Introduction The case of United States of America v. Benjamin General, adjudicated by the United States Court of...
Reevaluation of Qualified Immunity Standards in False Arrest Cases: Brown v. Gilmore

Reevaluation of Qualified Immunity Standards in False Arrest Cases: Brown v. Gilmore

Date: Jan 24, 2002
Reevaluation of Qualified Immunity Standards in False Arrest Cases: Brown v. Gilmore Introduction Brown v. Gilmore, 278 F.3d 362 (4th Cir. 2002), presents a pivotal examination of qualified immunity...
Finality of Criminal Convictions and Access to DNA Evidence: Insights from Harvey v. Horan

Finality of Criminal Convictions and Access to DNA Evidence: Insights from Harvey v. Horan

Date: Jan 24, 2002
Finality of Criminal Convictions and Access to DNA Evidence: Insights from Harvey v. Horan Introduction James Harvey, a convicted individual in Virginia, sought to challenge his rape and forcible...
Qualified Immunity and the Threshold for Attorney’s Fees: Insights from Johnson v. City of Aiken

Qualified Immunity and the Threshold for Attorney’s Fees: Insights from Johnson v. City of Aiken

Date: Jan 23, 2002
Qualified Immunity and the Threshold for Attorney’s Fees: Insights from Johnson v. City of Aiken Introduction Johnson v. City of Aiken, 217 F.3d 839 (4th Cir. 2000), is a pivotal case addressing the...
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