4th Circuit Case Commentaries

Honesty in Warrant Affidavits: Establishing Clear Fourth Amendment Protections in Miller v. Prince George's County

Date: Jan 23, 2007

Honesty in Warrant Affidavits: Establishing Clear Fourth Amendment Protections in Miller v. Prince George's County Introduction Miller v. Prince George's County is a pivotal case adjudicated by the...

Fourth Circuit Establishes Criteria for Modifying Confirmed Chapter 13 Plans

Date: Jan 19, 2007

Fourth Circuit Establishes Criteria for Modifying Confirmed Chapter 13 Plans Introduction The case of In re James Owen Murphy, Jr., Debtor and In re Stanley Joseph Goralski; Ann Goralski, Debtors...

ERISA Preemption Upholds Maryland's Fair Share Health Care Fund Act

Date: Jan 18, 2007

ERISA Preemption Upholds Maryland's Fair Share Health Care Fund Act Introduction The case of Retail Industry Leaders Association v. James D. Fielder, Jr. addressed the conflict between Maryland's...

Gilliam v. South Carolina Department of Juvenile Justice: Clarifying Prima Facie Standards for Hostile Work Environment Claims in the Fourth Circuit

Date: Jan 17, 2007

Gilliam v. South Carolina Department of Juvenile Justice: Clarifying Prima Facie Standards for Hostile Work Environment Claims in the Fourth Circuit Introduction Jennifer Gilliam, an African-American...

Apparent Authority in Warrantless Searches: United States v. Buckner

Date: Jan 12, 2007

Apparent Authority in Warrantless Searches: United States v. Buckner Introduction United States of America v. Frank Gary Buckner, 473 F.3d 551 (4th Cir. 2007), addressed the critical issue of consent...

Enhanced Sentencing for Gang Association: Insights from United States v. Hernandez-Villanueva

Date: Jan 11, 2007

Enhanced Sentencing for Gang Association: Insights from United States v. Hernandez-Villanueva Introduction United States of America v. Henry Geovany Hernandez-Villanueva (473 F.3d 118) is a pivotal...

RLUIPA Reinforcement: Inmate's Religious Rights Affirmed in Lovelace v. Lee et al.

Date: Dec 30, 2006

RLUIPA Reinforcement: Inmate's Religious Rights Affirmed in Lovelace v. Lee et al. Introduction In the case of Leroy A. Lovelace, Plaintiff-Appellant, v. Jack Lee; Gene Shinault; K. Lester,...

RLUIPA Upheld Under Spending Clause; Sovereign Immunity Limitations Affirmed

Date: Dec 30, 2006

RLUIPA Upheld Under Spending Clause; Sovereign Immunity Limitations Affirmed Introduction In Ira W. Madison v. Commonwealth of Virginia et al., 474 F.3d 118 (4th Cir. 2006), the United States Court...

Enforcement of Forum-Selection Clauses in Incidental Agreements: Sucampo v. Astellas

Date: Dec 23, 2006

Enforcement of Forum-Selection Clauses in Incidental Agreements: Sucampo v. Astellas Introduction Case: Sucampo Pharmaceuticals, Inc. v. Astellas Pharma, Inc. Court: United States Court of Appeals,...

Governor Manchin Denied Qualified Immunity for Retaliatory Regulatory Threats: BLANKENSHIP v. MANCHIN

Date: Dec 21, 2006

Governor Manchin Denied Qualified Immunity for Retaliatory Regulatory Threats: BLANKENSHIP v. MANCHIN Introduction The case of Don BlankenShip v. Joe Manchin, III revolves around allegations of...

Clarifying Duty to Defend and Indemnify under Excess Umbrella Policies: ABT v. National Union

Date: Dec 20, 2006

Clarifying Duty to Defend and Indemnify under Excess Umbrella Policies: ABT v. National Union Introduction The case of ABT Building Products Corporation; ABTco, Incorporated v. National Union Fire...

Restricting Equitable Relief under ERISA: Insights from Korotynska v. Metropolitan Life Insurance Co.

Date: Dec 14, 2006

Restricting Equitable Relief under ERISA: Insights from Korotynska v. Metropolitan Life Insurance Co. Introduction The case of Marta Korotynska, Indi v. Metropolitan Life Insurance Company serves as...

Establishing Criminal Liability for Medical Professionals in Controlled Substance Over-Prescribing: Analysis of US v. McIver

Date: Dec 6, 2006

Establishing Criminal Liability for Medical Professionals in Controlled Substance Over-Prescribing: Analysis of US v. McIver Introduction The case of United States of America v. Ronald A. McIver,...

Clarifying the Scope of Suggestive Trademark Protection under the Lanham Act: Synergistic International, LLC v. Korman

Date: Dec 1, 2006

Clarifying the Scope of Suggestive Trademark Protection under the Lanham Act: Synergistic International, LLC v. Korman Introduction The case of Synergistic International, LLC v. Jody Fine Korman,...

Defining the Line Between Lay and Expert Testimony: Insights from Perkins v. United States

Date: Nov 30, 2006

Defining the Line Between Lay and Expert Testimony: Insights from Perkins v. United States Introduction In United States of America v. Michael Robert Perkins, 470 F.3d 150 (4th Cir. 2006), the United...

Application of Collateral Estoppel in Black Lung Survivor Benefits: Collins v. Pond Creek Mining Company

Date: Nov 9, 2006

Application of Collateral Estoppel in Black Lung Survivor Benefits: Collins v. Pond Creek Mining Company Introduction The case of Nora L. Collins, widow of Johnnie J. Collins, Petitioner, v. Pond...

Fourth Circuit Limits Colorado River Abstention: Upholding Federal Jurisdiction in GREAT AMERICAN INSURANCE CO. v. GROSS

Date: Oct 31, 2006

Fourth Circuit Limits Colorado River Abstention: Upholding Federal Jurisdiction in Great American Insurance Company v. Gross Introduction The case of Great American Insurance Company v. Alfred W....

Joint Employment Under the FLSA: Fourth Circuit's Decision in Schultz et al. v. Capital International Security, Inc.

Date: Oct 25, 2006

Joint Employment Under the FLSA: Fourth Circuit's Decision in Schultz et al. v. Capital International Security, Inc. Introduction In Schultz et al. v. Capital International Security, Inc., the United...

Limits of Title VII Retaliation Claims: Insights from JORDAN v. ALTERNATIVE RESOURCES CORP.

Date: Oct 14, 2006

Limits of Title VII Retaliation Claims: Insights from JORDAN v. ALTERNATIVE RESOURCES CORP. Introduction Robert L. JORDAN v. ALTERNATIVE RESOURCES CORPoration; International Business Machines...

Extending Fourth Amendment Protections in Property Seizures: Presley v. City of Charlottesville

Date: Sep 23, 2006

Extending Fourth Amendment Protections in Property Seizures: Presley v. City of Charlottesville Introduction The case of Shirley Presley v. City of Charlottesville; Rivanna Trails Foundation...