4th Circuit Case Commentaries

Strong Scienter Requirement under PSLRA Leads to Dismissal of Securities Fraud Class Action - In re PEC Solutions, Inc. Securities Litigation

Date: Mar 19, 2005

Strong Scienter Requirement under PSLRA Leads to Dismissal of Securities Fraud Class Action Introduction In re PEC Solutions, Incorporated Securities Litigation is a pivotal case decided by the...

Fourth Circuit Clarifies Federal Preemption Limits in Wireless Telephony Litigation

Date: Mar 17, 2005

Fourth Circuit Clarifies Federal Preemption Limits in Wireless Telephony Litigation Introduction In the landmark case J. Douglas Pinney, M.D.; Patricia S. Colonell, indi v. Motorola, Inc., et al.,...

Sentencing Reforms Under Booker: Comprehensive Review of United States v. Hughes

Date: Mar 17, 2005

Sentencing Reforms Under Booker: Comprehensive Review of United States v. Hughes Introduction In the landmark case of United States of America v. David C. Hughes (401 F.3d 540), the United States...

Comprehensive Commentary on SEC v. John J. Lawbaugh: Establishing Rigorous Enforcement in Securities Fraud Cases

Date: Mar 15, 2005

Comprehensive Commentary on SEC v. John J. Lawbaugh: Establishing Rigorous Enforcement in Securities Fraud Cases Introduction The case of SEC v. John J. Lawbaugh, adjudicated by the United States...

Fourth Circuit Clarifies Application of the Crime-Fraud Exception to Attorney-Client Privilege in Grand Jury Subpoenas

Date: Mar 12, 2005

Fourth Circuit Clarifies Application of the Crime-Fraud Exception to Attorney-Client Privilege in Grand Jury Subpoenas Introduction The case of United States of America v. Under Seal et al. emanates...

Standing to Challenge Government Funding Restrictions: Insights from Krasner Enterprises v. Montgomery County

Date: Mar 12, 2005

Standing to Challenge Government Funding Restrictions: Insights from Krasner Enterprises v. Montgomery County Introduction The case of Frank Krasner Enterprises, Ltd., d/b/a Silverado Gun Show v....

Dismissing Slavek v. Hinkle: Navigating Habeas Corpus, Procedural Defaults, and Guilty Pleas

Date: Mar 11, 2005

Dismissing Slavek v. Hinkle: Navigating Habeas Corpus, Procedural Defaults, and Guilty Pleas Introduction In the case of Robert J. Slavek v. George Hinkle, Warden, adjudicated by the United States...

Attorney Negligence and the Limits of Equitable Tolling in ERISA Claims: Insights from Lisa Gayle v. UPS

Date: Mar 10, 2005

Attorney Negligence and the Limits of Equitable Tolling in ERISA Claims: Insights from Lisa Gayle v. UPS Introduction The case of Lisa Gayle v. United Parcel Service, Incorporated (UPS) centers on a...

Establishing Clear Protections for Fifth Amendment Rights: U.S. v. Gregory Johnson

Date: Mar 9, 2005

Establishing Clear Protections for Fifth Amendment Rights: U.S. v. Gregory Johnson Introduction United States of America v. Gregory Johnson, a/k/a Little Greg, adjudicated in the United States Court...

Remand in Woolfolk: Federal Detainers and the Speedy Trial Act Reinterpreted

Date: Mar 3, 2005

Remand in Woolfolk: Federal Detainers and the Speedy Trial Act Reinterpreted Introduction In the appellate decision United States of America v. Curtis Delmont Woolfolk, the United States Court of...

Affirmation of Attorney's Fee Award in Nominal-Damages Title IX Case: MERCER v. DUKE UNIVERSITY

Date: Mar 2, 2005

Affirmation of Attorney's Fee Award in Nominal-Damages Title IX Case: MERCER v. DUKE UNIVERSITY Introduction In the landmark case of Heather Sue MERCER v. DUKE UNIVERSITY, the United States Court of...

Establishing Nexus and Probable Cause in Search Warrants: Insights from United States v. Grossman

Date: Feb 24, 2005

Establishing Nexus and Probable Cause in Search Warrants: Insights from United States v. Grossman Introduction United States of America v. Kenneth Grossman, 400 F.3d 212 (4th Cir. 2005), serves as a...

Affirmation of Avoidable Transfers in Bankruptcy: Insights from In re Merry-Go-Round Enterprises, Inc.

Date: Feb 24, 2005

Affirmation of Avoidable Transfers in Bankruptcy: Insights from In re Merry-Go-Round Enterprises, Inc. Introduction The case of In re: Merry-Go-Round Enterprises, Inc., Debtor. Deborah H. De v....

Fourth Circuit Mandates Evidentiary Hearings for Atkins Claims under Eighth Amendment

Date: Feb 18, 2005

Fourth Circuit Mandates Evidentiary Hearings for Atkins Claims under Eighth Amendment Introduction Darick Demorris Walker v. William Page True, Warden, Sussex I State Prison is a pivotal case...

Deference to Hearing Officer's IEP Evaluations Reinforced in County School Board v. Z.P.

Date: Feb 12, 2005

Deference to Hearing Officer's IEP Evaluations Reinforced in County School Board v. Z.P. Introduction The case County School Board of Henrico County, Virginia, v. Z.P. addresses critical issues...

HUMPHRIES v. OZMINT: Reevaluation of Victim-Impact Evidence and Comparative Human Worth in Capital Sentencing

Date: Feb 5, 2005

HUMPHRIES v. OZMINT: Reevaluation of Victim-Impact Evidence and Comparative Human Worth in Capital Sentencing Introduction The case of Shawn Paul Humphries v. Jon E. Ozmint delves deep into the...

Bogart v. Chapell: Upholding Parratt/Hudson Doctrine in Procedural Due Process §1983 Claim

Date: Feb 3, 2005

Bogart v. Chapell: Upholding Parratt/Hudson Doctrine in Procedural Due Process §1983 Claim Introduction In Bogart v. Chapell, adjudicated by the United States Court of Appeals for the Fourth Circuit...

Abandonment of Privacy Expectation: Stevenson v. United States

Date: Feb 2, 2005

Abandonment of Privacy Expectation: Stevenson v. United States Introduction United States of America v. Lee Ronald Stevenson, 396 F.3d 538 (4th Cir. 2005), is a significant appellate decision by the...

Preemption of State Law Claims in Student Loan Disputes: Insights from College Loan Corp. v. SLM Corp.

Date: Feb 1, 2005

Preemption of State Law Claims in Student Loan Disputes: Insights from College Loan Corp. v. SLM Corp. Introduction The case of College Loan Corporation v. SLM Corporation, decided by the United...

Consent and Highway Definition in Fourth Circuit: United States v. Smith

Date: Jan 28, 2005

Consent and Highway Definition in Fourth Circuit: United States v. Smith Introduction United States v. Terrence Ormstom Smith, 395 F.3d 516 (4th Cir. 2005), is a pivotal case that examines the...