4th Circuit Case Commentaries

Strickland v. Moody: Refining Standards for Ineffective Assistance of Counsel in Capital Sentencing

Date: May 13, 2005

Strickland v. Moody: Refining Standards for Ineffective Assistance of Counsel in Capital Sentencing Introduction Patrick Lane Moody v. Marvin Polk, Warden is a pivotal case adjudicated by the United...

Alter Ego Doctrine in Diversity Jurisdiction: Maryland Stadium Authority v. Ellerbe Becket

Date: May 12, 2005

Alter Ego Doctrine in Diversity Jurisdiction: Maryland Stadium Authority v. Ellerbe Becket Introduction The case of Maryland Stadium Authority; University System of Maryland v. Ellerbe Becket, Inc....

Insurance Coverage Limitations for Privacy-Infringing Telemarketing: Resource Bankshares Corp. v. St. Paul Mercury Ins. Co.

Date: May 12, 2005

Insurance Coverage Limitations for Privacy-Infringing Telemarketing: Resource Bankshares Corp. v. St. Paul Mercury Insurance Company Introduction In the landmark case of Resource Bankshares...

Strict Privity Standards in ERISA Res Judicata Claims Established in Martin v. American Bancorporation

Date: May 12, 2005

Strict Privity Standards in ERISA Res Judicata Claims Established in Martin v. American Bancorporation Introduction Martin v. American Bancorporation, 407 F.3d 643 (4th Cir. 2005), is a pivotal case...

Constitutional Boundaries: Upholding Jail Fees Without Punitive Measures

Date: May 10, 2005

Constitutional Boundaries: Upholding Jail Fees Without Punitive Measures Introduction In the landmark case of Cal v. Slade, 407 F.3d 243 (4th Cir. 2005), the United States Court of Appeals for the...

Jurisdictional Clarity on Premature Appeals under Fed.R.Crim.P. 32.2(c)(3): The Bryson Case

Date: May 7, 2005

Jurisdictional Clarity on Premature Appeals under Fed.R.Crim.P. 32.2(c)(3): The Bryson Case Introduction The case of In Re: Leland M. Bryson, Claimant-Appellant v. United States of America,...

Clarifying Career Offender Designation for Controlled Substance Offenses: Insights from United States v. Harp

Date: May 5, 2005

Clarifying Career Offender Designation for Controlled Substance Offenses: Insights from United States v. Harp Introduction The case of United States v. Johnny Craig Harp, decided by the United States...

Standards for Class Certification and Admissibility of Statistical Evidence in Title VII Discrimination Cases: Anderson v. Westinghouse Savannah River Company

Date: May 5, 2005

Standards for Class Certification and Admissibility of Statistical Evidence in Title VII Discrimination Cases: Anderson v. Westinghouse Savannah River Company Introduction In Virginia Anderson v....

Refining the Standards for Persecution in Asylum Claims: Insights from Qiao Hua Li v. Gonzales

Date: May 3, 2005

Refining the Standards for Persecution in Asylum Claims: Insights from Qiao Hua Li v. Gonzales Introduction The case of Qiao Hua Li v. Alberto R. Gonzales, Attorney General, adjudicated by the United...

Affirmation of Denial of Qualified Immunity in Earl Washington Jr. v. Wilmore Establishes Standards for Fabrication of Evidence Claims

Date: Apr 29, 2005

Affirmation of Denial of Qualified Immunity in Earl Washington Jr. v. Wilmore Establishes Standards for Fabrication of Evidence Claims Introduction The case of Earl Washington, Jr. v. Curtis Reese...

Reaffirming the Advisory Nature of Federal Sentencing Guidelines Post-Booker: United States v. White

Date: Apr 27, 2005

Reaffirming the Advisory Nature of Federal Sentencing Guidelines Post-Booker: United States v. White Introduction The case of United States of America v. Anthony Gerald White, Sr., decided on April...

Admissibility of Post-Miranda Statements Following Initial Unwarned Admissions

Date: Apr 26, 2005

Admissibility of Post-Miranda Statements Following Initial Unwarned Admissions Introduction The case of United States of America v. Eric Kevin Mashburn (406 F.3d 303) presents a pivotal examination...

Compliance with Statutory Minimums and Consecutive Sentencing under 18 U.S.C.A. § 924(c): Insights from United States v. Robinson

Date: Apr 19, 2005

Compliance with Statutory Minimums and Consecutive Sentencing under 18 U.S.C.A. § 924(c): Insights from United States v. Robinson Introduction In the landmark case of United States v. Robinson, 404...

Fourth Circuit Rules Severance Agreement Not Preempted by ERISA in Gresham v. Lumbermen’s Mutual Casualty Company

Date: Apr 14, 2005

Fourth Circuit Rules Severance Agreement Not Preempted by ERISA in Gresham v. Lumbermen’s Mutual Casualty Company Introduction In Thomas W. Gresham v. Lumbermen's Mutual Casualty Company, 404 F.3d...

Affirmation of Identity Theft Conviction in United States v. Larry Lamont Bush

Date: Apr 14, 2005

Affirmation of Identity Theft Conviction in United States v. Larry Lamont Bush Introduction United States v. Larry Lamont Bush, 404 F.3d 263 (4th Cir. 2005), is a pivotal case in the realm of...

Involuntary Medication Standards for Competency Restoration: United States v. Herbert G. Evans, Jr.

Date: Apr 13, 2005

Involuntary Medication Standards for Competency Restoration: United States v. Herbert G. Evans, Jr. Introduction United States v. Herbert G. Evans, Jr., 404 F.3d 227 (4th Cir. 2005), is a pivotal...

Fourth Circuit Establishes 'Differing Capacities' Rule and Partnership Liability in PBGC Employer Liability Claims under ERISA

Date: Apr 13, 2005

Fourth Circuit Establishes 'Differing Capacities' Rule and Partnership Liability in PBGC Employer Liability Claims under ERISA Introduction The case of Pension Benefit Guaranty Corporation v. Donald...

Enforceability of Collateral-Attack Waivers in Plea Agreements Confirmed: United States v. Lemaster

Date: Apr 12, 2005

Enforceability of Collateral-Attack Waivers in Plea Agreements Confirmed: United States v. Lemaster Introduction United States v. Edgar Sterling Lemaster (403 F.3d 216), adjudicated by the United...

Affirmation of State Habeas Procedures in Lovitt v. True under AEDPA Standards

Date: Apr 7, 2005

Affirmation of State Habeas Procedures in Lovitt v. True under AEDPA Standards Introduction Parties Involved: Petitioner-Appellant: Robin Mckennel Lovitt Respondent-Appellee: William Page True,...

Fourth Circuit Affirms Centralization of Core Proceedings in Bankruptcy Over Arbitration Agreements

Date: Apr 2, 2005

Fourth Circuit Affirms Centralization of Core Proceedings in Bankruptcy Over Arbitration Agreements Introduction In Re: White Mountain Mining Company, L.L.C., Debtor is a pivotal case decided by the...