4th Circuit Case Commentaries

Affirmation of Death Sentence in Buckner v. Mar: Reinforcing AEDPA’s Strict Standards on Habeas Corpus Relief

Date: Jun 27, 2006

Affirmation of Death Sentence in Buckner v. Mar: Reinforcing AEDPA’s Strict Standards on Habeas Corpus Relief Introduction The case of George Cale Buckner v. Marvin Polk, Warden was adjudicated by...

Fourth Circuit Upholds Summary Judgment in Gender-Based Promotion Discrimination Case: Hux v. City of Newport News

Date: Jun 24, 2006

Fourth Circuit Upholds Summary Judgment in Gender-Based Promotion Discrimination Case: Hux v. City of Newport News Introduction The case of Jonnie Sue Hux v. City of Newport News, Virginia (451 F.3d...

Narrow Interpretation of USERRA §4312 Affirmed in Francis v. Booz Allen Hamilton

Date: Jun 23, 2006

Narrow Interpretation of USERRA §4312 Affirmed in Francis v. Booz Allen Hamilton Introduction The case Cheryl P. Francis v. Booz, Allen Hamilton, Inc. (452 F.3d 299) adjudicated by the United States...

Affirmation of Drug Conspiracy Conviction: Fourth Circuit Validates Judgment of Acquittal Denial, Cross-Examination Restrictions, and §851 Sentencing Enhancement

Date: Jun 14, 2006

Affirmation of Drug Conspiracy Conviction: Fourth Circuit Validates Judgment of Acquittal Denial, Cross-Examination Restrictions, and §851 Sentencing Enhancement Introduction In the case of United...

Reaffirming Judicial Discretion and Subject-Matter Jurisdiction in Capital Cases: United States v. Hartwell

Date: May 25, 2006

Reaffirming Judicial Discretion and Subject-Matter Jurisdiction in Capital Cases: United States v. Hartwell Introduction In United States v. Hartwell, 448 F.3d 707 (4th Cir. 2006), the United States...

Limits on Collateral Estoppel in Bankruptcy Adversary Proceedings: In re Jacqueline Duncan

Date: May 25, 2006

Limits on Collateral Estoppel in Bankruptcy Adversary Proceedings: In re Jacqueline Duncan Introduction The case of In re Jacqueline Duncan, Debtor is a pivotal appellate decision from the United...

Enforcement of Rule 11(b) Under the Private Securities Litigation Reform Act: Insights from Patrick V. Morris v. Wachovia Securities, Inc.

Date: May 18, 2006

Enforcement of Rule 11(b) Under the Private Securities Litigation Reform Act: Insights from Patrick V. Morris v. Wachovia Securities, Inc. Introduction The case of Patrick V. Morris, Individually and...

Title VII Retaliation and Hostile Work Environment: Insights from JORDAN v. ALTERNATIVE RESOURCES CORPoration & IBM

Date: May 13, 2006

Title VII Retaliation and Hostile Work Environment: Insights from JORDAN v. ALTERNATIVE RESOURCES CORPoration & IBM Introduction The case of Robert L. JORDAN v. ALTERNATIVE RESOURCES CORPoration;...

Marshall University v. Ridpath: Establishing Due Process and Free Speech Protections in Public Employment

Date: May 12, 2006

Marshall University v. Ridpath: Establishing Due Process and Free Speech Protections in Public Employment Introduction In the case of B. David Ridpath v. Board of Governors Marshall University,...

Summary Judgment Upholds Requirement to Prove Adverse Employment Action in Title VII Retaliation and Discrimination Claims

Date: May 10, 2006

Summary Judgment Upholds Requirement to Prove Adverse Employment Action in Title VII Retaliation and Discrimination Claims Introduction In the case of Homi Amirmokri v. Spencer Abraham, Secretary,...

Defining Supervisory Authority under Title VII: The Howard v. Secretary of the Navy Precedent

Date: May 5, 2006

Defining Supervisory Authority under Title VII: The Howard v. Secretary of the Navy Precedent Introduction The landmark case of Stephanie Howard v. Donald C. Winter, Secretary of the Navy (446 F.3d...

Limits on FMLA Restoration Rights and Employer Immunity Under §1981 in Tribal Preference Context: A Fourth Circuit Analysis

Date: Apr 28, 2006

Limits on FMLA Restoration Rights and Employer Immunity Under §1981 in Tribal Preference Context: A Fourth Circuit Analysis Introduction Edward Yashenko, an employee of Harrah's North Carolina Casino...

Fourth Circuit Affirms Jurisdiction to Review Within-Guidelines Sentences for Reasonableness

Date: Apr 25, 2006

Fourth Circuit Affirms Jurisdiction to Review Within-Guidelines Sentences for Reasonableness Introduction The case of United States of America v. Benigno Montes-Pineda addresses significant issues...

Reasonableness in Sentencing and Restitution Limits: Insights from United States v. Davenport

Date: Apr 22, 2006

Reasonableness in Sentencing and Restitution Limits: Insights from United States v. Davenport Introduction In United States v. Davenport, 445 F.3d 366 (4th Cir. 2006), the United States Court of...

Affirmation of the Indirect-Purchaser Doctrine in Antitrust Litigation: KLOTH et al. v. Microsoft Corporation

Date: Apr 19, 2006

Affirmation of the Indirect-Purchaser Doctrine in Antitrust Litigation: KLOTH et al. v. Microsoft Corporation Introduction The case of KLOTH et al. v. Microsoft Corporation (No. 04-2566), adjudicated...

Affirmation of Felony Conviction and Clarification of Advisory Sentencing Guidelines Post-Booker in Williams v. United States

Date: Apr 19, 2006

Affirmation of Felony Conviction and Clarification of Advisory Sentencing Guidelines Post-Booker in Williams v. United States Introduction United States of America v. Joseph Edmund Williams is a...

Reinforcement of Substantial Evidence Standard in Asylum Denials: Gandziami-Mickhou v. Gonzales

Date: Apr 18, 2006

Reinforcement of Substantial Evidence Standard in Asylum Denials: Gandziami-Mickhou v. Gonzales Introduction The case of Ela Gandziami-Mickhou v. Alberto R. Gonzales (445 F.3d 351) adjudicated by the...

Affirmation of Younger Abstention and Prosecutorial Immunity: An Analysis of NIVENS v. GILCHRIST, 444 F.3d 237

Date: Apr 12, 2006

Affirmation of Younger Abstention and Prosecutorial Immunity: An Analysis of NIVENS v. GILCHRIST, 444 F.3d 237 Introduction NIVENS v. GILCHRIST, 444 F.3d 237 (4th Cir. 2006), is a pivotal case...

Reinforcing State Court Deference: Fourth Circuit Upholds Denial of Federal Habeas Relief in Lenz v. Washington

Date: Apr 12, 2006

Reinforcing State Court Deference: Fourth Circuit Upholds Denial of Federal Habeas Relief in Lenz v. Washington Introduction In Michael William Lenz v. Gerald K. Washington, the United States Court...

Resetting Collateral Attack Counters in Successive Habeas Petitions: Insights from In re Jackie Williams

Date: Apr 11, 2006

Resetting Collateral Attack Counters in Successive Habeas Petitions: Insights from In re Jackie Williams Introduction The case of In re Jackie Williams (444 F.3d 233) adjudicated by the United States...