4th Circuit Case Commentaries

Interpreting 'Tax Loss' in Sentencing Guidelines: Delfino v. United States

Date: Dec 19, 2007

Interpreting 'Tax Loss' in Sentencing Guidelines: Delfino v. United States Introduction The case of United States of America v. James Dominic Delfino, decided by the United States Court of Appeals...

Finality of Bankruptcy Proceedings and Mandatory Claim Filing: U.S. Airways v. Bosiger

Date: Dec 15, 2007

Finality of Bankruptcy Proceedings and Mandatory Claim Filing: U.S. Airways v. Bosiger Introduction The case of Edwin Perrow Bosiger, Jr. v. U.S. Airways, Inc., decided by the United States Court of...

Affirmation of Admissibility of Prior Sexual Offenses and Interpretation of 18 U.S.C. §2423(b) – United States v. Randy Kelly

Date: Dec 13, 2007

Affirmation of Admissibility of Prior Sexual Offenses and Interpretation of 18 U.S.C. §2423(b) – United States v. Randy Kelly Introduction In the case of United States v. Randy Kelly, 510 F.3d 433...

Ensuring Factual Basis in Guilty Pleas: Insights from United States v. Mastrapa

Date: Dec 13, 2007

Ensuring Factual Basis in Guilty Pleas: Insights from United States v. Mastrapa Introduction United States v. Jose Alejandro Mastrapa is a pivotal case decided by the United States Court of Appeals...

Fair Labor Standards Act Preempts State Claims in Anderson v. Sara Lee Corp.

Date: Nov 20, 2007

Fair Labor Standards Act Preempts State Claims in Anderson v. Sara Lee Corporation Introduction The case of David C. Anderson and Samuel Pullen v. Sara Lee Corporation represents a pivotal moment in...

Fourth Circuit Upholds Statute of Limitations in Antitrust Litigation: GO Computer Inc. v. Microsoft Corp.

Date: Nov 20, 2007

Fourth Circuit Upholds Statute of Limitations in Antitrust Litigation: GO Computer Inc. v. Microsoft Corp. Introduction The case of GO Computer, Incorporated and S. Jerrold Kaplan versus Microsoft...

Fourth Circuit Reinforces Standards for Constructive Amendments and Individualized Sentencing in Drug Conspiracy Convictions

Date: Nov 14, 2007

Fourth Circuit Reinforces Standards for Constructive Amendments and Individualized Sentencing in Drug Conspiracy Convictions Introduction The case of United States of America v. Foster et al. (507...

Trademark Parody and Dilution: Louis Vuitton v. Haute Diggity Dog Affirmed

Date: Nov 14, 2007

Trademark Parody and Dilution: Louis Vuitton v. Haute Diggity Dog Affirmed Introduction In the landmark case of LOUIS VUITTON MALLETIER S.A. v. HAUTE DIGGITY DOG, LLC, the United States Court of...

Meyer v. Branker: Upholding Standards for Effective Assistance of Counsel in Capital Sentencing

Date: Nov 14, 2007

Meyer v. Branker: Upholding Standards for Effective Assistance of Counsel in Capital Sentencing Introduction The case of Meyer v. Branker, decided by the United States Court of Appeals for the Fourth...

Affirmation of Dismissal in Pole-Attachment Rate Dispute: Time Warner v. Carteret-Craven Electric

Date: Nov 1, 2007

Affirmation of Dismissal in Pole-Attachment Rate Dispute: Time Warner Entertainment-Advance/Newhouse Partnership v. Carteret-Craven Electric Membership Corporation Introduction In the case of Time...

Dismissal of Inmate's First Amendment Challenge Due to Mootness: Lumumba Kenyatta Incumaa v. Jonathan E. Ozmint

Date: Oct 30, 2007

Dismissal of Inmate's First Amendment Challenge Due to Mootness Introduction In the case of Lumumba Kenyatta Incumaa, a/k/a Theodore Harrison v. Jonathan E. Ozmint, Director of the South Carolina...

Maintenance Manuals and Warranty Integration: Insights from Colgan Air v. Raytheon Aircraft Co.

Date: Oct 19, 2007

Maintenance Manuals and Warranty Integration: Insights from Colgan Air v. Raytheon Aircraft Co. Introduction The case Colgan Air, Inc. v. Raytheon Aircraft Company (507 F.3d 270) adjudicated by the...

Enforceability of Arbitration Clauses in Antitrust Litigation: Insights from IN RE COTTON YARN ANTITRUST LITIGATION

Date: Oct 13, 2007

Enforceability of Arbitration Clauses in Antitrust Litigation: Insights from IN RE COTTON YARN ANTITRUST LITIGATION Introduction The case of IN RE COTTON YARN ANTITRUST LITIGATION (505 F.3d 274)...

Seventh Amendment Jury Trial Rights in Admiralty Cases: In re Lockheed Martin Corporation

Date: Sep 28, 2007

Seventh Amendment Jury Trial Rights in Admiralty Cases: In re Lockheed Martin Corporation Introduction The case of Lockheed Martin Corporation v. National Casualty Company (503 F.3d 351, 2007)...

Seizure Defined by Intent to Use Force, Even Amidst Mistaken Weapon Use: Insights from HENRY v. PURNELL

Date: Sep 21, 2007

Seizure Defined by Intent to Use Force, Even Amidst Mistaken Weapon Use: Insights from HENRY v. PURNELL Introduction In Frederick P. Henry v. Robert Purnell, 501 F.3d 374 (4th Cir. 2007), the United...

Enforcement of Medicaid Act's Reasonable Promptness Provision Through §1983: Doe v. South Carolina Department of Disabilities and Special Needs

Date: Sep 20, 2007

Enforcement of Medicaid Act's Reasonable Promptness Provision Through §1983: Doe v. South Carolina Department of Disabilities and Special Needs Introduction In the appellate case of Sue Doe v. Linda...

Conditional Acceptance of Guilty Pleas Under Rule 11(d): Insights from United States v. Battle

Date: Sep 6, 2007

Conditional Acceptance of Guilty Pleas Under Rule 11(d): Insights from United States v. Battle Introduction United States v. Battle, 499 F.3d 315 (4th Cir. 2007), addresses critical issues...

Fourth Circuit Narrows Burford Abstention in Constitutional Challenges to State Gambling Regulations

Date: Aug 30, 2007

Fourth Circuit Narrows Burford Abstention in Constitutional Challenges to State Gambling Regulations Introduction In the appellate case Jimmy Martin; Lucky Strike LLC, Plaintiffs-Appellants v. Robert...

Proper Application of Summary Judgment Standards in Bankruptcy Discharge Cases: In re Elwood Dean French

Date: Aug 28, 2007

Proper Application of Summary Judgment Standards in Bankruptcy Discharge Cases: In re Elwood Dean French Introduction In the case of In re Elwood Dean French, Debtor, the United States Court of...

Affirming the Non-Testimonial Nature of Machine-Generated Data in DUI Cases: U.S. v. Washington

Date: Aug 23, 2007

Affirming the Non-Testimonial Nature of Machine-Generated Data in DUI Cases: U.S. v. Washington Introduction In the landmark case of United States v. Dwonne A. Washington, decided by the United...