4th Circuit Case Commentaries

Clarifying 'Surrender' in Chapter 13 Bankruptcy: Partial Relinquishment of Exempt Property Not Recognized

Date: Apr 24, 2007

Clarifying 'Surrender' in Chapter 13 Bankruptcy: Partial Relinquishment of Exempt Property Not Recognized Introduction In the case of In re Charles A. WHITE, Jr.; Anita D. White, Debtors, the United...

Qualified Immunity in First Amendment Retaliation Claims for Public Employees: Insights from Campbell v. Galloway

Date: Apr 21, 2007

Qualified Immunity in First Amendment Retaliation Claims for Public Employees: Insights from Campbell v. Galloway Introduction The case of Amy Weischedel Campbell v. Gerald Galloway et al....

Reliability of Experiential Expert Testimony on Drug Code Language Confirmed in Wilson v. United States

Date: Apr 20, 2007

Reliability of Experiential Expert Testimony on Drug Code Language Confirmed in Wilson v. United States Introduction In United States v. Wilson, United States Court of Appeals, Fourth Circuit, the...

Affirmation of Inventory Search Doctrine Under Exceptional Conditions: United States v. Banks

Date: Apr 14, 2007

Affirmation of Inventory Search Doctrine Under Exceptional Conditions: United States v. Banks Introduction United States v. Gregory Wayne Banks is a pivotal case adjudicated by the United States...

Establishing Title IX Liability in Collegiate Sports: Comprehensive Analysis of Jennings v. University of North Carolina

Date: Apr 10, 2007

Establishing Title IX Liability in Collegiate Sports: Comprehensive Analysis of Jennings v. University of North Carolina Introduction Jennings v. University of North Carolina (UNC) is a significant...

Collateral Order Doctrine and Government's Appeals: Insights from United States v. Moussaoui

Date: Mar 15, 2007

Collateral Order Doctrine and Government's Appeals: Insights from United States v. Moussaoui Introduction The case of United States v. Moussaoui serves as a pivotal moment in understanding the...

Strengthening the Reliability Standard for Anonymous 911 Tips in Terry Stops: United States v. Elston

Date: Mar 14, 2007

Strengthening the Reliability Standard for Anonymous 911 Tips in Terry Stops: United States v. Elston Introduction United States of America v. James Edward Elston, Jr. is a pivotal case adjudicated...

Likelihood of Dissemination Standard Established in Sciolino v. City of Newport News

Date: Mar 13, 2007

Likelihood of Dissemination Standard Established in Sciolino v. City of Newport News Introduction The case of Christopher A. Sciolino et al. v. City of Newport News, Virginia et al. (480 F.3d 642,...

Fourth Circuit Affirmation of 'Plainly Unreasonable' Standard for Probation Revocation Sentences in United States v. Moulden

Date: Mar 8, 2007

Fourth Circuit Affirmation of 'Plainly Unreasonable' Standard for Probation Revocation Sentences in United States v. Moulden Introduction In United States v. Moulden, 478 F.3d 652 (4th Cir. 2007),...

Right to Allocution in Resentencing: Insights from United States v. Muhammad

Date: Mar 7, 2007

Right to Allocution in Resentencing: Insights from United States v. Muhammad Introduction United States v. Abdul Hafeez Muhammad, 478 F.3d 247 (4th Cir. 2007), is a pivotal case addressing the...

Reasonable Discretion in RDAP Eligibility: Affirmation of BOP's Authority

Date: Mar 6, 2007

Reasonable Discretion in RDAP Eligibility: Affirmation of BOP's Authority Introduction The case of Anthony Dellarciprete v. Dominic Gutierrez, adjudicated in the United States District Court for the...

Advancing Gender Discrimination and Retaliation Protections: Lettieri v. Equant Incorporated

Date: Mar 6, 2007

Advancing Gender Discrimination and Retaliation Protections: Lettieri v. Equant Incorporated Introduction Lorraine Lettieri, a former Director of Alternate Sales Channel at Equant Incorporated...

Judicial Estoppel Without Bad Faith: Insights from Zinkand v. Brown

Date: Mar 2, 2007

Judicial Estoppel Without Bad Faith: Insights from Zinkand v. Brown Introduction The case of Timothy Zinkand v. Timothy S. Brown addresses crucial issues surrounding the application of judicial...

Fraud Exception Requires Devious Acquisition: In re June L. Rountree

Date: Feb 28, 2007

Fraud Exception Requires Devious Acquisition: In re June L. Rountree Introduction The case In re June L. Rountree, Debtor (478 F.3d 215) addresses the critical issue of dischargeability of debts in...

Fourth Circuit Upholds Warrantless Searches of Probationers Under Special Needs Doctrine

Date: Feb 27, 2007

Fourth Circuit Upholds Warrantless Searches of Probationers Under Special Needs Doctrine Introduction In the case of UNITED STATES of America v. Nicholas Omar Midgette (478 F.3d 616, 4th Cir. 2007),...

Strict Enforcement of PSLRA Standards Confirmed in Fourth Circuit's Dismissal of Securities Fraud Class Action

Date: Feb 21, 2007

Strict Enforcement of PSLRA Standards Confirmed in Fourth Circuit's Dismissal of Securities Fraud Class Action Introduction In the case of Teachers' Retirement System of Louisiana et al. v. Cree,...

United States v. Hadden (4th Cir. 2007): Establishing Hybrid Jurisdiction for §2255 Sentence Corrections

Date: Feb 8, 2007

United States v. Hadden (4th Cir. 2007): Establishing Hybrid Jurisdiction for §2255 Sentence Corrections Introduction In United States v. Donathan Wayne Hadden, 475 F.3d 652 (4th Cir. 2007), the...

Distinguishing Termination from Rescission in Contractual Agreements: WMATA v. Potomac Investment

Date: Feb 2, 2007

Distinguishing Termination from Rescission in Contractual Agreements: WMATA v. Potomac Investment Introduction The case of Washington Metropolitan Area Transit Authority (WMATA) v. Potomac Investment...

Affirmation of Procedural Default Under N.C. Gen Stat §15A-1420(b)(1) in Habeas Corpus Petitions

Date: Feb 1, 2007

Affirmation of Procedural Default Under N.C. Gen Stat §15A-1420(b)(1) in Habeas Corpus Petitions Introduction The case of John Davis McNeill v. Marvin Polk, Warden, adjudicated by the United States...

Remedies Must Be Linked to Liability: Fourth Circuit Reverses City of Richmond's Unfounded ADA Funding Obligation

Date: Jan 24, 2007

Remedies Must Be Linked to Liability: Fourth Circuit Reverses City of Richmond's Unfounded ADA Funding Obligation Introduction The case of Christopher Bacon et al. v. City of Richmond et al....