4th Circuit Case Commentaries

Derivative Jurisdiction in Federal Officer Removal Cases: Palmer v. City National Bank

Date: Aug 17, 2007

Derivative Jurisdiction in Federal Officer Removal Cases: Palmer v. City National Bank Introduction In the case of John Palmer & Stacey Palmer v. City National Bank of West Virginia et al., the...

Fourth Circuit Establishes Exclusive District Court Jurisdiction for Naturalization Cases under 8 U.S.C. §1447(b)

Date: Aug 3, 2007

Fourth Circuit Establishes Exclusive District Court Jurisdiction for Naturalization Cases under 8 U.S.C. §1447(b) Introduction The case of Max Alobwede Etape et al. v. Michael C. Chertoff addressed a...

Fourth Circuit Upholds Fiduciary Discretion in Employer Stock Inclusion under ERISA: U.S. Airways Case Commentary

Date: Aug 2, 2007

Fourth Circuit Upholds Fiduciary Discretion in Employer Stock Inclusion under ERISA: U.S. Airways Case Commentary Introduction The case of Vincent D. DiFELICE, on behalf of himself and all others...

Goodman v. Praxair, Inc.: Rule 15(c) Relation-Back and Statute of Limitations in Successor Liability

Date: Jul 26, 2007

Goodman v. Praxair, Inc.: Rule 15(c) Relation-Back and Statute of Limitations in Successor Liability Introduction In the case of Marc B. Goodman v. Praxair, Inc.; Praxair Services, Inc., the United...

Credibility Assessments and Substantial Evidence in Asylum Denials: The Dankam v. Gonzales Decision

Date: Jul 17, 2007

Credibility Assessments and Substantial Evidence in Asylum Denials: The Dankam v. Gonzales Decision Introduction Catherine Angele Dankam, a native and citizen of the Republic of Cameroon, filed a...

Reaffirmation of Judicial Restraint in Arbitrations: Three S Delaware, Inc. v. DataQuick Information Systems, Inc.

Date: Jul 13, 2007

Reaffirmation of Judicial Restraint in Arbitrations: Three S Delaware, Inc. v. DataQuick Information Systems, Inc. Introduction The case Three S Delaware, Incorporated, Successor in interest to...

Affirmation of Passenger Identification Protocols and Witness Testimony Regulations in Deportation Proceedings

Date: Jul 12, 2007

Affirmation of Passenger Identification Protocols and Witness Testimony Regulations in Deportation Proceedings Introduction In the case of United States of America v. Francisco Soriano-Jarquin (492...

Exhaustion of EEOC Remedies and Sanctions for Discovery Noncompliance: Sanjeev Malhotra v. KCI Technologies

Date: Jul 12, 2007

Exhaustion of EEOC Remedies and Sanctions for Discovery Noncompliance: Sanjeev Malhotra v. KCI Technologies Introduction The case of Sanjeev Malhotra v. KCI Technologies, Inc. (240 F. App'x 588)...

Covenant Media v. City of North Charleston: Upholding Content-Neutral Sign Regulations

Date: Jul 7, 2007

Covenant Media v. City of North Charleston: Upholding Content-Neutral Sign Regulations Introduction The case of Covenant Media of South Carolina, LLC v. The City of North Charleston addresses the...

Fourth Circuit Upholds Combination Exemption Interpretation under the FLSA in IntraComm v. Bajaj et al.

Date: Jul 6, 2007

Fourth Circuit Upholds Combination Exemption Interpretation under the FLSA in IntraComm v. Bajaj et al. Introduction The case of IntraComm, Incorporated; Baback Habibi v. Ken S. Bajaj; Jack...

Clarifying Copyright Protections for Architectural Designs: Phelps Associates v. Galloway

Date: Jul 6, 2007

Clarifying Copyright Protections for Architectural Designs: Phelps Associates v. Galloway Introduction Christopher Phelps Associates, LLC v. R. Wayne Galloway is a significant case adjudicated by the...

Legitimate Expectation of Privacy for Business Guests: Fourth Circuit Affirms Denial of Suppression in United States v. Gray

Date: Jul 3, 2007

Legitimate Expectation of Privacy for Business Guests: Fourth Circuit Affirms Denial of Suppression in United States v. Gray Introduction In the landmark case of United States v. Gray, the United...

Ineffective Assistance of Counsel in Appeal Waivers: Fourth Circuit Sets New Precedent

Date: Jun 29, 2007

Ineffective Assistance of Counsel in Appeal Waivers: Fourth Circuit Sets New Precedent Introduction The case of United States of America v. Walter Oriley Poindexter marks a significant development in...

Establishing Liability in Wire Fraud Schemes: Analysis of United States v. Allen and Reinhardt

Date: Jun 23, 2007

Establishing Liability in Wire Fraud Schemes: Analysis of United States v. Allen and Reinhardt Introduction The case of United States of America, Plaintiff-Appellee, v. Byron Keith Allen,...

Fourth Circuit Upholds Summary Judgment in Holland v. Washington Homes: No Genuine Issue on Pretext in Race and Retaliation Claims

Date: May 26, 2007

Fourth Circuit Upholds Summary Judgment in Holland v. Washington Homes: No Genuine Issue on Pretext in Race and Retaliation Claims Introduction In the case of Dorn B. Holland v. Washington Homes,...

Limits of Bankruptcy Court Jurisdiction in Post-Confirmation Adversary Proceedings: Valley Historic Limited Partnership v. The Bank of New York

Date: May 18, 2007

Limits of Bankruptcy Court Jurisdiction in Post-Confirmation Adversary Proceedings: Valley Historic Limited Partnership v. The Bank of New York Introduction The case of Valley Historic Limited...

Rescission Under TILA: Insights from American Mortgage Network v. Shelton

Date: May 15, 2007

Rescission Under TILA: Insights from American Mortgage Network, Inc. v. Shelton Introduction American Mortgage Network, Inc. v. Michael D. Shelton; Pamela Shelton, 486 F.3d 815 (4th Cir. 2007), is a...

Non-Recognition of Third-Party Beneficiary Status in Foreign Military Sales Transactions: Insights from Secretary of State for Defence v. Trimble Navigation Ltd.

Date: May 11, 2007

Non-Recognition of Third-Party Beneficiary Status in Foreign Military Sales Transactions: Insights from Secretary of State for Defence v. Trimble Navigation Ltd. Introduction In the landmark case of...

Fourth Circuit Rules FDCPA Applies to Litigating Attorneys, Rejecting Common Law Immunity

Date: May 10, 2007

Fourth Circuit Rules FDCPA Applies to Litigating Attorneys, Rejecting Common Law Immunity Introduction The landmark case of Farid M. Sayyed v. Wolpoff Abramson, adjudicated by the United States Court...

Section 1981 Extends Anti-Discrimination Protections to Alaska Native Corporations: Comprehensive Analysis of Aleman v. Chugach Support Services

Date: May 4, 2007

Section 1981 Extends Anti-Discrimination Protections to Alaska Native Corporations: Comprehensive Analysis of Aleman v. Chugach Support Services Introduction The case of Jose Aleman, Cesar Basilis,...