4th Circuit Case Commentaries

Preserving Appellate Rights and Upholding the McDonnell Douglas Framework in Title VII Cases: Analysis of Ro v. lma DIAMOND

Date: Jul 26, 2005

Preserving Appellate Rights and Upholding the McDonnell Douglas Framework in Title VII Cases: Analysis of Ro v. lma DIAMOND Introduction Ro v. lma DIAMOND, 416 F.3d 310 (4th Cir. 2005), is a pivotal...

Personal Jurisdiction and Declaratory Judgments in Parallel State Litigation: Analysis of New Wellington Financial Corporation v. Flagship Resort Development Corporation

Date: Jul 22, 2005

Personal Jurisdiction and Declaratory Judgments in Parallel State Litigation: Analysis of New Wellington Financial Corporation v. Flagship Resort Development Corporation Introduction The case of New...

Fourth Circuit Affirms: Recidivist Enhancements Do Not Violate Sixth Amendment Rights - United States v. Cheek

Date: Jul 20, 2005

Fourth Circuit Affirms: Recidivist Enhancements Do Not Violate Sixth Amendment Rights - United States v. Cheek Introduction United States v. Cheek, 415 F.3d 349 (4th Cir. 2005), is a pivotal case...

Enhanced Pleading Standards in FLSA Litigation: Chao v. Rivendell Woods

Date: Jul 20, 2005

Enhanced Pleading Standards in FLSA Litigation: Chao v. Rivendell Woods Introduction The case of Elaine L. Chao, Secretary of Labor, United States Department of Labor v. Rivendell Woods, Inc. serves...

Enhancing Sentencing Fairness in Drug Conspiracy Cases: Insights from United States v. Collins

Date: Jul 13, 2005

Enhancing Sentencing Fairness in Drug Conspiracy Cases: Insights from United States v. Collins Introduction United States v. Collins is a pivotal case adjudicated by the United States Court of...

Expansion of Bankruptcy Trustee Standing: Bogdan v. JKV Real Estate Services Sets New Precedent

Date: Jul 7, 2005

Expansion of Bankruptcy Trustee Standing: Bogdan v. JKV Real Estate Services Sets New Precedent Introduction The case In re Michael Bogdan, a/k/a Andrew Michael Bogdan; Inner City Management, LLC,...

Establishing Organizational Standing: Fourth Circuit Affirms AANR-East's Right to Challenge Statutory Restrictions on Youth Nudist Camps

Date: Jul 6, 2005

Establishing Organizational Standing: Fourth Circuit Affirms AANR-East's Right to Challenge Statutory Restrictions on Youth Nudist Camps Introduction In the case of White Tail Park, Incorporated;...

State Wrongful Discharge Claims Not Completely Preempted by the National Labor Relations Act: Lontz & Pettit v. Tharp et al.

Date: Jul 2, 2005

State Wrongful Discharge Claims Not Completely Preempted by the National Labor Relations Act: Lontz & Pettit v. Tharp et al. Introduction In Lontz & Pettit v. Tharp et al., the United States Court of...

Qualified Immunity and Judicial Determination: An Analysis of Willingham v. Crooke

Date: Jun 24, 2005

Qualified Immunity and Judicial Determination: An Analysis of Willingham v. Crooke Introduction The case of Gloria Willingham, Plaintiff-Appellant, and Carl Jackson, Plaintiff v. Douglas A. Crooke,...

Enforceability of Arbitration Agreements Under Maryland Law: Hill v. PeopleSoft USA, Inc.

Date: Jun 23, 2005

Enforceability of Arbitration Agreements Under Maryland Law: Hill v. PeopleSoft USA, Inc. Introduction The case of Karren Y. Hill v. PeopleSoft USA, Incorporated (412 F.3d 540) presents a pivotal...

Affirmation of Career Offender Enhancement and Conspiracy Conviction Despite Co-Conspirator's Acquittal in United States v. Collins

Date: Jun 21, 2005

Affirmation of Career Offender Enhancement and Conspiracy Conviction Despite Co-Conspirator's Acquittal in United States v. Collins Introduction In the case of United States v. Warren Collins (412...

Fourth Circuit Upholds Bureau of Prisons’ Time Served Calculation for Good Conduct Time in Da v. Yi

Date: Jun 18, 2005

Fourth Circuit Upholds Bureau of Prisons’ Time Served Calculation for Good Conduct Time in Da v. Yi Introduction Da v. Yi, 412 F.3d 526 (4th Cir. 2005), is a pivotal case addressing the...

Expanding Venue Criteria for False Claims: Analysis of United States v. Ebersole Decision

Date: Jun 15, 2005

Expanding Venue Criteria for False Claims: Analysis of United States v. Ebersole Decision Introduction In the case of United States of America v. Russell Lee Ebersole, decided on June 14, 2005, the...

Abrogation of Eleventh Amendment Immunity under ADA Title II and §504 Rehabilitation Act: Insights from Constantine v. George Mason University

Date: Jun 14, 2005

Abrogation of Eleventh Amendment Immunity under ADA Title II and §504 Rehabilitation Act: Insights from Constantine v. George Mason University Introduction The case of Carin Manders Constantine v....

Fourth Circuit Limits Colorado River Abstention in Federal Medicaid Reimbursement Litigation

Date: Jun 10, 2005

Fourth Circuit Limits Colorado River Abstention in Federal Medicaid Reimbursement Litigation Introduction In the landmark case CHASE BREXTON HEALTH SERVICES, INCORPORATED et al. v. The State of...

Community-Caretaking Exception Affirmed in Fourth Circuit: Johnson v. United States

Date: Jun 9, 2005

Community-Caretaking Exception Affirmed in Fourth Circuit: Johnson v. United States Introduction In the case of United States of America v. Tyronski Johnson, the United States Court of Appeals for...

Affirmation of the Due Care Exception in FTCA Claims: Welch v. United States

Date: Jun 1, 2005

Affirmation of the Due Care Exception in FTCA Claims: Welch v. United States Introduction Ricardo Antonio Welch, Jr., Plaintiff-Appellant, v. United States of America, Defendant-Appellee (409 F.3d...

Fourth Circuit Upholds Valid Appeal Waiver in Plea Agreement Amidst Blakely and Booker Decisions

Date: May 28, 2005

Fourth Circuit Upholds Valid Appeal Waiver in Plea Agreement Amidst Blakely and Booker Decisions Introduction In the case of United States of America v. George R. Blick, 408 F.3d 162 (4th Cir. 2005),...

Exhaustion of Remedies Not a Pleading Requirement Under the PLRA: Rodney E. Anderson v. XYZ Correctional Health Services

Date: May 18, 2005

Exhaustion of Remedies Not a Pleading Requirement Under the PLRA: Rodney E. Anderson v. XYZ Correctional Health Services Introduction Rodney Elmer Anderson v. XYZ Correctional Health Services, Inc.,...

Fourth Circuit Affirms the Use of "In God We Trust" on Public Buildings Under the Establishment Clause

Date: May 14, 2005

Fourth Circuit Upholds Use of "In God We Trust" on Public Buildings Under the Establishment Clause Introduction In the case of Charles F. Lambeth, Jr.; Michael D. Lea v. The Board of Commissioners of...