4th Circuit Case Commentaries

State Action Not Established in Private Student Harassment Case at The Citadel

Date: May 8, 2001

State Action Not Established in Private Student Harassment Case at The Citadel Introduction In Jeanie Mentavlos v. John Justice Anderson et al., the United States Court of Appeals for the Fourth...

Fourth Amendment Protections of Curtilage Affirmed in Rogers v. Pendleton and Vinyard

Date: May 5, 2001

Fourth Amendment Protections of Curtilage Affirmed in Rogers v. Pendleton and Vinyard Introduction The case Jonathan Rogers v. M.L. Pendleton, Officer; M.G. Vinyard, Officer, adjudicated by the...

Affirming Reasonable Use of Deadly Force: Cox v. County of Prince William

Date: May 5, 2001

Affirming Reasonable Use of Deadly Force: Cox v. County of Prince William Introduction The case of Joan H. Cox, Individually, and as Widow and Personal Representative of the Estate of Brian J. Cox,...

Hooven-Lewis v. Caldera: Fourth Circuit Affirms Summary Judgment, Reinforces Standards for Disability and Retaliation under the Rehabilitation Act

Date: May 2, 2001

Hooven-Lewis v. Caldera: Fourth Circuit Affirms Summary Judgment, Reinforces Standards for Disability and Retaliation under the Rehabilitation Act Introduction In the case of Cheryl M. Hooven-Lewis...

Excessive Investment Adviser Fees Must Relate to Services Rendered: Da v. d MIGDAL

Date: May 2, 2001

Excessive Investment Adviser Fees Must Relate to Services Rendered: Da v. d MIGDAL Introduction In the landmark case of Da v. d MIGDAL (248 F.3d 321, 4th Cir. 2001), shareholders of two mutual funds...

Fourth Circuit Clarifies Federal Jurisdiction Limits under the Petroleum Marketing Practices Act in Interstate Petroleum v. Morgan

Date: May 2, 2001

Fourth Circuit Clarifies Federal Jurisdiction Limits under the Petroleum Marketing Practices Act in Interstate Petroleum v. Morgan Introduction The case of Interstate Petroleum Corporation v. Robert...

Expansion of Arbitration Clause Scope in Shareholder Agreements: D. Joseph Long v. Regency Home Fashions Inc.

Date: Apr 28, 2001

Expansion of Arbitration Clause Scope in Shareholder Agreements: D. Joseph Long v. Regency Home Fashions Inc. Introduction The case of D. Joseph Long, individually and derivatively as a shareholder...

EX PARTE YOUNG Exception Limits Sovereign Immunity in State-Regulated Mountaintop Removal Coal Mining

Date: Apr 25, 2001

EX PARTE YOUNG Exception Limits Sovereign Immunity in State-Regulated Mountaintop Removal Coal Mining Introduction The case of Patricia Bragg et al. v. Tommy Moore et al. (248 F.3d 275, United States...

Affirmation of Evidence Exclusion in Impeachment Under Rules 613(b) and 403 in United States v. Young

Date: Apr 21, 2001

Affirmation of Evidence Exclusion in Impeachment Under Rules 613(b) and 403 in United States v. Nathan Dante Young Introduction The case of United States of America v. Nathan Dante Young, 248 F.3d...

Establishing 'Pattern of Racketeering Activity' under RICO: Insights from GE Investment Private Placement Partners II v. Teddy Dale Parker

Date: Apr 19, 2001

Establishing 'Pattern of Racketeering Activity' under RICO: Insights from GE Investment Private Placement Partners II v. Teddy Dale Parker Introduction The case of GE Investment Private Placement...

Affirmation of AEDPA's One-Year Limitation and Apprendi's Non-Retroactive Application: The Sanders Case

Date: Apr 14, 2001

Affirmation of AEDPA's One-Year Limitation and Apprendi's Non-Retroactive Application: The Sanders Case Introduction The case of United States of America v. Sean Lamar Sanders (247 F.3d 139) presents...

Recognition of Hostile Work Environment Claims under the Americans with Disabilities Act: Fox v. General Motors

Date: Apr 14, 2001

Recognition of Hostile Work Environment Claims under the Americans with Disabilities Act: Fox v. General Motors Introduction Robert J. Fox v. General Motors Corporation is a landmark case adjudicated...

Establishing Legitimate Non-Discriminatory Reasons under Title VII: Insights from Chung Shin v. Shalala

Date: Apr 14, 2001

Establishing Legitimate Non-Discriminatory Reasons under Title VII: Insights from Chung Shin v. Shalala Introduction Chung Shin v. Shalala, 166 F. Supp. 2d 373 (D. Md. 2001), is a pivotal case...

Apprendi Implications in United States v. Strickland: Jurisdiction Over Drug Quantity Determinations

Date: Apr 4, 2001

Apprendi Implications in United States v. Strickland: Jurisdiction Over Drug Quantity Determinations Introduction United States v. Strickland (245 F.3d 368, 4th Cir., 2001) represents a pivotal...

Constructive Possession and Interstate Commerce Nexus Affirmed under 18 U.S.C.A. § 922(g)(1): United States v. Gallimore

Date: Apr 3, 2001

Constructive Possession and Interstate Commerce Nexus Affirmed under 18 U.S.C.A. § 922(g)(1): United States v. Gallimore Introduction United States of America vs. Talton Young Gallimore, Jr. is a...

Right to Dual Counsel Affirmed in Capital Indictments: Insights from United States v. Boone

Date: Mar 31, 2001

Right to Dual Counsel Affirmed in Capital Indictments: Insights from United States v. Boone Introduction United States v. Boone (245 F.3d 352, 2001) is a pivotal decision by the United States Court...

Affirmation of Reasonable Perception Standard for Use of Deadly Force and Qualified Immunity Under 42 U.S.C.A. § 1983: Anderson v. Russell

Date: Mar 30, 2001

Affirmation of Reasonable Perception Standard for Use of Deadly Force and Qualified Immunity Under 42 U.S.C.A. § 1983: Anderson v. Russell Introduction The case of Major Maurice Anderson v. Officer...

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4th Circuit Case Commentaries

State Action Not Established in Private Student Harassment Case at The Citadel

Fourth Amendment Protections of Curtilage Affirmed in Rogers v. Pendleton and Vinyard

Affirming Reasonable Use of Deadly Force: Cox v. County of Prince William

Hooven-Lewis v. Caldera: Fourth Circuit Affirms Summary Judgment, Reinforces Standards for Disability and Retaliation under the Rehabilitation Act

Excessive Investment Adviser Fees Must Relate to Services Rendered: Da v. d MIGDAL

Fourth Circuit Clarifies Federal Jurisdiction Limits under the Petroleum Marketing Practices Act in Interstate Petroleum v. Morgan

Expansion of Arbitration Clause Scope in Shareholder Agreements: D. Joseph Long v. Regency Home Fashions Inc.

EX PARTE YOUNG Exception Limits Sovereign Immunity in State-Regulated Mountaintop Removal Coal Mining

Affirmation of Evidence Exclusion in Impeachment Under Rules 613(b) and 403 in United States v. Young

Establishing 'Pattern of Racketeering Activity' under RICO: Insights from GE Investment Private Placement Partners II v. Teddy Dale Parker

Affirmation of AEDPA's One-Year Limitation and Apprendi's Non-Retroactive Application: The Sanders Case

Recognition of Hostile Work Environment Claims under the Americans with Disabilities Act: Fox v. General Motors

Establishing Legitimate Non-Discriminatory Reasons under Title VII: Insights from Chung Shin v. Shalala

Apprendi Implications in United States v. Strickland: Jurisdiction Over Drug Quantity Determinations

Constructive Possession and Interstate Commerce Nexus Affirmed under 18 U.S.C.A. § 922(g)(1): United States v. Gallimore

Right to Dual Counsel Affirmed in Capital Indictments: Insights from United States v. Boone

Affirmation of Reasonable Perception Standard for Use of Deadly Force and Qualified Immunity Under 42 U.S.C.A. § 1983: Anderson v. Russell

Balancing Hardship and Likelihood of Success in Preliminary Injunctions: MicroStrategy v. Motorola

Enforcement of Arbitration Provisions in Government Contracts: Insights from United States v. Bankers Insurance Company

Establishing Employer Liability in Hostile Work Environment Claims: Insights from EEOC v. RR Ventures