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  • Commentaries
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4th Circuit Case Commentaries

Remand of SS Benefits Denial: Riley v. Apfel Establishes New Standards for Consideration of New Evidence

Remand of SS Benefits Denial: Riley v. Apfel Establishes New Standards for Consideration of New Evidence

Date: Mar 17, 2000
Remand of SS Benefits Denial: Riley v. Apfel Establishes New Standards for Consideration of New Evidence Introduction Riley v. Apfel is a seminal case adjudicated in the United States District Court...
Binding Arbitration Clauses on Non-Signatories: Establishing Equitable Estoppel in International Commercial Contracts

Binding Arbitration Clauses on Non-Signatories: Establishing Equitable Estoppel in International Commercial Contracts

Date: Mar 15, 2000
Binding Arbitration Clauses on Non-Signatories: Establishing Equitable Estoppel in International Commercial Contracts Introduction The case of International Paper Company v. Schwabedissen Maschinen...
Fourth Circuit Affirms Denial of Sentence Reduction Under 18 U.S.C.A. § 3582(c)(2): No Requirement for Two-Prong Analysis or Hearing

Fourth Circuit Affirms Denial of Sentence Reduction Under 18 U.S.C.A. § 3582(c)(2): No Requirement for Two-Prong Analysis or Hearing

Date: Mar 9, 2000
Fourth Circuit Affirms Denial of Sentence Reduction Under 18 U.S.C.A. § 3582(c)(2): No Requirement for Two-Prong Analysis or Hearing Introduction In the case of United States of America v. Bryant...
Affirmation of Right to Counsel Over Conditional Self-Representation: U.S. v. Frazier-El

Affirmation of Right to Counsel Over Conditional Self-Representation: U.S. v. Frazier-El

Date: Mar 3, 2000
Affirmation of Right to Counsel Over Conditional Self-Representation: United States v. Frazier-El Introduction The case of United States of America v. Clinton Bernard Frazier-El, decided by the...
Ale House Management, Inc. v. Raleigh Ale House, Inc.: Establishing the Generic Nature of "Ale House" in Trademark Law

Ale House Management, Inc. v. Raleigh Ale House, Inc.: Establishing the Generic Nature of "Ale House" in Trademark Law

Date: Mar 2, 2000
Ale House Management, Inc. v. Raleigh Ale House, Inc.: Establishing the Generic Nature of "Ale House" in Trademark Law Introduction The case of Ale House Management, Inc. v. Raleigh Ale House, Inc.,...
Legitimate Expectation of Privacy in Government Workplaces: Insights from United States v. Simons

Legitimate Expectation of Privacy in Government Workplaces: Insights from United States v. Simons

Date: Feb 29, 2000
Legitimate Expectation of Privacy in Government Workplaces: Insights from United States v. Simons Introduction Case: United States of America v. Mark L. Simons Court: United States Court of Appeals,...
Establishing Expanded Standing Under the Clean Water Act: FOE and CLEAN v. Gaston Copper

Establishing Expanded Standing Under the Clean Water Act: FOE and CLEAN v. Gaston Copper

Date: Feb 24, 2000
Establishing Expanded Standing Under the Clean Water Act: FOE and CLEAN v. Gaston Copper Introduction The case of Friends of the Earth, Incorporated; Citizens Local Environmental Action Network,...
Hostile Work Environment Claims in Employment Discrimination: Insights from Hawkins v. PepsiCo

Hostile Work Environment Claims in Employment Discrimination: Insights from Hawkins v. PepsiCo

Date: Feb 16, 2000
Hostile Work Environment Claims in Employment Discrimination: Insights from Hawkins v. PepsiCo Introduction The case of Lisa Hawkins v. PepsiCo, Inc. serves as a pivotal example in the realm of...
Enforcing Noncompetition Agreements Across Jurisdictions: Comprehensive Analysis of CIENA Corp. v. Cynthia Jarrard

Enforcing Noncompetition Agreements Across Jurisdictions: Comprehensive Analysis of CIENA Corp. v. Cynthia Jarrard

Date: Feb 12, 2000
Enforcing Noncompetition Agreements Across Jurisdictions: Comprehensive Analysis of CIENA Corp. v. Cynthia Jarrard Introduction The case of CIENA Corporation v. Cynthia Jarrard (203 F.3d 312)...
Full Faith and Credit of State Default Judgments in Federal Bankruptcy Proceedings

Full Faith and Credit of State Default Judgments in Federal Bankruptcy Proceedings

Date: Feb 10, 2000
Full Faith and Credit of State Default Judgments in Federal Bankruptcy Proceedings Introduction The case of Genesys Data Technologies, Incorporated, Debt, John Meindl; Genesys Data Technologies,...
Enforcement of Settlement Agreements in Maritime Salvage: Insights from Columbus-America Discovery Group v. Atlantic Mutual Insurance Company

Enforcement of Settlement Agreements in Maritime Salvage: Insights from Columbus-America Discovery Group v. Atlantic Mutual Insurance Company

Date: Feb 9, 2000
Enforcement of Settlement Agreements in Maritime Salvage: Insights from Columbus-America Discovery Group v. Atlantic Mutual Insurance Company Introduction The case of Columbus-America Discovery...
Establishing Nexus Between Firearm Transactions and Drug Offenses: Lipford v. United States

Establishing Nexus Between Firearm Transactions and Drug Offenses: Lipford v. United States

Date: Feb 8, 2000
Establishing Nexus Between Firearm Transactions and Drug Offenses: Lipford v. United States Introduction United States of America v. Victor Jermaine Lipford, Marlowe Andre Farmer, and Christopher Lee...
Qualified Immunity Upholds for Public Officials in First Amendment Retaliation Claims: A Commentary on Suarez Corp. v. McGraw

Qualified Immunity Upholds for Public Officials in First Amendment Retaliation Claims: A Commentary on Suarez Corp. v. McGraw

Date: Feb 3, 2000
Qualified Immunity Upholds for Public Officials in First Amendment Retaliation Claims: A Commentary on Suarez Corp. v. McGraw Introduction Suarez Corporation Industries; Emerson Sonny Clopper;...
Res Judicata and the Differing Capacities of Government Officials: Insights from Andrews v. Daw

Res Judicata and the Differing Capacities of Government Officials: Insights from Andrews v. Daw

Date: Jan 28, 2000
Res Judicata and the Differing Capacities of Government Officials: Insights from Andrews v. Daw Introduction Andrews v. Daw, 201 F.3d 521 (4th Cir. 2000), is a pivotal case addressing the application...
Smith v. First Union National Bank: Expanding the Scope of Hostile Work Environment under Title VII

Smith v. First Union National Bank: Expanding the Scope of Hostile Work Environment under Title VII

Date: Jan 20, 2000
Smith v. First Union National Bank: Expanding the Scope of Hostile Work Environment under Title VII Introduction Smith v. First Union National Bank is a pivotal case decided by the United States...
Clarification of 'Abuse of Discretion' Review Standard for ERISA Plan Administrators in Benefit Denials

Clarification of 'Abuse of Discretion' Review Standard for ERISA Plan Administrators in Benefit Denials

Date: Jan 15, 2000
Clarification of 'Abuse of Discretion' Review Standard for ERISA Plan Administrators in Benefit Denials Introduction Booth v. Wal-Mart Stores, Incorporated Associates Health and Welfare Plan, 201...
Fourth Circuit Upholds Coal Act Premiums as Taxes and Permits Constitutional Challenges in Tax Refund Actions

Fourth Circuit Upholds Coal Act Premiums as Taxes and Permits Constitutional Challenges in Tax Refund Actions

Date: Dec 28, 1999
Fourth Circuit Upholds Coal Act Premiums as Taxes and Permits Constitutional Challenges in Tax Refund Actions Introduction In the case of The Pittston Company et al. v. United States of America,...
Affirmation of State Utility Commission’s Use of Modified Hatfield TELRIC Model in Telecommunications Pricing

Affirmation of State Utility Commission’s Use of Modified Hatfield TELRIC Model in Telecommunications Pricing

Date: Dec 16, 1999
Affirmation of State Utility Commission’s Use of Modified Hatfield TELRIC Model in Telecommunications Pricing Introduction The case of GTE South, Incorporated, Plaintiff-Appellant, et al., versus...
Reaffirming Diversity Jurisdiction: The Impact of Fraudulent Joinder in Mayes v. Rapoport

Reaffirming Diversity Jurisdiction: The Impact of Fraudulent Joinder in Mayes v. Rapoport

Date: Dec 3, 1999
Reaffirming Diversity Jurisdiction: The Impact of Fraudulent Joinder in Mayes v. Rapoport Introduction In the landmark case of Patricia J. Mayes v. Stanley Rapoport; Judith Rapoport; David Key, d/b/a...
Substantive Due Process and Parole Revocation: A Detailed Analysis of HAWKINS v. FREEMAN

Substantive Due Process and Parole Revocation: A Detailed Analysis of HAWKINS v. FREEMAN

Date: Nov 10, 1999
Substantive Due Process and Parole Revocation: A Detailed Analysis of HAWKINS v. FREEMAN Introduction HAWKINS v. FREEMAN is a pivotal case adjudicated by the United States Court of Appeals for the...
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