4th Circuit Case Commentaries

Reaffirmation of Certificate of Appealability Standards under AEDPA

Date: Jul 24, 2001

Reaffirmation of Certificate of Appealability Standards under AEDPA Based on Christopher James Beck v. Ronald Angelone, 261 F.3d 377 (4th Cir. 2001) Introduction The case of Christopher James Beck v....

Fraudulent Transfer of Potentially Exempt Property in Bankruptcy: Tavenner v. Smoot

Date: Jul 17, 2001

Fraudulent Transfer of Potentially Exempt Property in Bankruptcy: Tavenner v. Smoot Introduction Tavenner v. Smoot, 257 F.3d 401 (4th Cir. 2001), is a pivotal case in bankruptcy law that addresses...

Crawley v. Catoe: Federal Certiorari Petitions Do Not Toll AEDPA's One-Year Limitations Period

Date: Jul 17, 2001

Crawley v. Catoe: Federal Certiorari Petitions Do Not Toll AEDPA's One-Year Limitations Period Introduction In the landmark case of Crawley v. Catoe, the United States Court of Appeals for the Fourth...

Fourth Circuit Clarifies FCRA Requirements for Accurate Consumer Reports and Procedural Standards

Date: Jul 17, 2001

Fourth Circuit Clarifies FCRA Requirements for Accurate Consumer Reports and Procedural Standards Introduction The case of Richard J. Dalton v. Capital Associated Industries, Inc. ([257 F.3d...

Fourth Circuit Establishes Enhanced Protections Against Retaliation Under the ADA in Rhoads v. FDIC

Date: Jul 13, 2001

Fourth Circuit Establishes Enhanced Protections Against Retaliation Under the ADA in Rhoads v. FDIC Introduction In Lori Rhoads v. Federal Deposit Insurance Corporation, the United States Court of...

Affirmation of Rigorous Standards for Expert Testimony in Medical Device Litigation: Cooper v. Smith & Nephew

Date: Jul 10, 2001

Affirmation of Rigorous Standards for Expert Testimony in Medical Device Litigation: Cooper v. Smith & Nephew Introduction Cooper v. Smith & Nephew, Inc. is a landmark case adjudicated by the United...

Venue Standards and Multiplicity in Money Laundering: A Comprehensive Analysis of United States v. Stewart et al.

Date: Jul 7, 2001

Venue Standards and Multiplicity in Money Laundering: A Comprehensive Analysis of United States v. Stewart et al. Introduction The case of United States v. Stewart et al. ([256 F.3d...

Affirmation of Denial for Chronic Fatigue Syndrome Disability Claims Under Social Security Act Standards

Date: Jul 6, 2001

Affirmation of Denial for Chronic Fatigue Syndrome Disability Claims Under Social Security Act Standards Introduction The case of Patricia A. Mastro v. Kenneth S. Apfel, Commissioner of Social...

Enforcing Apprendi: Treated Drug Quantities as Elements in Aggravated Trafficking Offenses

Date: Jun 30, 2001

Enforcing Apprendi: Treated Drug Quantities as Elements in Aggravated Trafficking Offenses Introduction In the appellate case United States of America v. Marion Promise, 255 F.3d 150 (4th Cir. 2001),...

Adoption of a Sliding-Scale Five-Factor Test for Rule 23(f) Petitions in Class Action Certification

Date: Jun 27, 2001

Adoption of a Sliding-Scale Five-Factor Test for Rule 23(f) Petitions in Class Action Certification Introduction The case of Robert B. Lienhart et al. v. Dryvit Systems, Inc. addresses pivotal issues...

Preponderance Standard Affirmed for Amount in Controversy in McCoy v. Erie Insurance Company

Date: Jun 19, 2001

Preponderance Standard Affirmed for Amount in Controversy in McCoy v. Erie Insurance Company Introduction In Diana G. McCoy v. Erie Insurance Company, et al., 147 F. Supp. 2d 481 (S.D. W. Va. 2001),...

Broad Interpretation of Arbitration Clauses: Choice Hotels International v. BSR Tropicana Resort Establishes Critical Precedent

Date: Jun 9, 2001

Broad Interpretation of Arbitration Clauses: Choice Hotels International v. BSR Tropicana Resort Establishes Critical Precedent Introduction The case of Choice Hotels International, Incorporated v....

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4th Circuit Case Commentaries

Reaffirmation of Certificate of Appealability Standards under AEDPA

Fraudulent Transfer of Potentially Exempt Property in Bankruptcy: Tavenner v. Smoot

Crawley v. Catoe: Federal Certiorari Petitions Do Not Toll AEDPA's One-Year Limitations Period

Fourth Circuit Clarifies FCRA Requirements for Accurate Consumer Reports and Procedural Standards

Fourth Circuit Establishes Enhanced Protections Against Retaliation Under the ADA in Rhoads v. FDIC

Affirmation of Rigorous Standards for Expert Testimony in Medical Device Litigation: Cooper v. Smith & Nephew

Venue Standards and Multiplicity in Money Laundering: A Comprehensive Analysis of United States v. Stewart et al.

Affirmation of Denial for Chronic Fatigue Syndrome Disability Claims Under Social Security Act Standards

Enforcing Apprendi: Treated Drug Quantities as Elements in Aggravated Trafficking Offenses

Adoption of a Sliding-Scale Five-Factor Test for Rule 23(f) Petitions in Class Action Certification

Preponderance Standard Affirmed for Amount in Controversy in McCoy v. Erie Insurance Company

Broad Interpretation of Arbitration Clauses: Choice Hotels International v. BSR Tropicana Resort Establishes Critical Precedent

Federal Forfeiture Supersedes State Law Protections: Insights from United States v. Bollin

Clarifying Dormant Commerce Clause Standards: Waste Management Holdings Inc. v. Governor Gilmore

Denial of "Strip Off" for Allowed Unsecured Liens in Chapter 7 Bankruptcy: Ryan v. Homecomings Financial Network

Affirming Pretextual Retaliation Claims under the FMLA: Nichols v. Ashland Hospital Corporation

Enhancing Federal Habeas Review of Ineffective Assistance of Counsel Claims: Analysis of Rose v. Lee (2001)

Affirmation of Summary Judgment in ADA Discrimination and Retaliation Case: Haulbrook v. Michelin North America

Enhanced Protections Under ERISA: Analysis of Warner v. Buck Creek Nursery, Inc.

Excessive Use of Force and Unlawful Arrest: A Comprehensive Analysis of Park v. Shiflett & Simms