4th Circuit Case Commentaries

Establishing Legal Standards for Severance and Sentencing Enhancements in Credit Card Fraud Cases: United States v. Akinkoye

Date: Jul 20, 1999

Establishing Legal Standards for Severance and Sentencing Enhancements in Credit Card Fraud Cases: United States v. Akinkoye Introduction United States of America v. Akin Akinkoye, 185 F.3d 192 (4th...

Unified Approach to Vicarious Liability for Sexual Harassment Under Title VII: Insights from Brown v. Perry

Date: Jul 15, 1999

Unified Approach to Vicarious Liability for Sexual Harassment Under Title VII: Insights from Brown v. Perry Introduction Wendy Jo Brown v. William J. Perry is a pivotal case adjudicated by the United...

Limitations on Negligence Per Se and Reinforcement of the Learned Intermediary Doctrine in Product Liability: Talley v. Danek Medical

Date: Jul 13, 1999

Limitations on Negligence Per Se and Reinforcement of the Learned Intermediary Doctrine in Product Liability: Talley v. Danek Medical Introduction Talley v. Danek Medical, Inc., 179 F.3d 154 (4th...

Fourth Circuit Establishes No Exhaustion Requirement for ERISA Breach of Fiduciary Duty Claims

Date: Jul 10, 1999

Fourth Circuit Establishes No Exhaustion Requirement for ERISA Breach of Fiduciary Duty Claims Introduction In the landmark case of Smith v. Sydnor and McGraw, 184 F.3d 356 (4th Cir. 1999), the...

Virginia's Stance on Equitable Tolling in Diversity Actions Affirmed: Wade v. Danek Medical, Inc.

Date: Jul 3, 1999

Virginia's Stance on Equitable Tolling in Diversity Actions Affirmed: Wade v. Danek Medical, Inc. Introduction The case of Jeannette Wade and Edwin Wade v. Danek Medical, Incorporated and various...

Affirmation of Prompt and Adequate Remedial Measures in Hostile Environment Claims: Mikels v. City of Durham

Date: Jun 30, 1999

Affirmation of Prompt and Adequate Remedial Measures in Hostile Environment Claims: Mikels v. City of Durham Introduction Mikels v. City of Durham, 183 F.3d 323 (4th Cir. 1999), is a pivotal case...

Dismissal of Individual Capacity Claims Under Title IX, ADA, and Rehabilitation Act: Bracey v. Buchanan

Date: Jun 25, 1999

Dismissal of Individual Capacity Claims Under Title IX, ADA, and Rehabilitation Act: Bracey v. Buchanan Introduction The case of Linda Joy Bracey v. Ernest Buchanan, adjudicated in the United States...

Expanded Liability for Coal Companies Under the Coal Act: UMWA Trusts v. Coal Companies

Date: Jun 24, 1999

Expanded Liability for Coal Companies Under the Coal Act: UMWA Trusts v. Coal Companies Introduction The case United Mine Workers of America (UMWA) Trustees v. Coal Companies centers on the liability...

Dismissing Frivolous §1983 Claims: Insights from Preval v. Reno

Date: Jun 23, 1999

Dismissing Frivolous §1983 Claims: Insights from Preval v. Reno Introduction Preval v. Reno (57 F. Supp. 2d 307, 1999) is a significant case adjudicated by the United States District Court for the...

Mandatory Exhaustion of Administrative Remedies for Monetary Claims: Insights from Langford v. Couch

Date: Jun 16, 1999

Mandatory Exhaustion of Administrative Remedies for Monetary Claims: Insights from Langford v. Couch Introduction Sammy Langford v. William Couch is a pivotal case adjudicated by the United States...

Mueller v. Angelone: Upholding AEDPA's Retroactive Application and Procedural Barriers in Federal Habeas Review

Date: Jun 15, 1999

Mueller v. Angelone: Upholding AEDPA's Retroactive Application and Procedural Barriers in Federal Habeas Review Introduction In the case of Everett Lee Mueller v. Ronald J. Angelone, Director,...

Affirmation of Employer's 'Factor-Other-Than-Sex' Defense under the Equal Pay Act and Title VII

Date: Jun 15, 1999

Affirmation of Employer's 'Factor-Other-Than-Sex' Defense under the Equal Pay Act and Title VII Introduction The case of Elizabeth K. Brinkley v. Harbour Recreation Club (HRC) revolves around...

United States v. North Carolina: Affirming Consent Decrees in Employment Discrimination Cases

Date: Jun 12, 1999

United States v. North Carolina: Affirming Consent Decrees in Employment Discrimination Cases Introduction The case of United States of America v. State of North Carolina addressed significant issues...

Non-Dischargeability of Fraudulently Refined Debts under 11 U.S.C. § 523(a)(2)(A)

Date: Jun 9, 1999

Non-Dischargeability of Fraudulently Refined Debts under 11 U.S.C. § 523(a)(2)(A) Introduction The case In re Salvatore D. Biondo; Susan J. Biondo, Debtors versus Foley Lardner, Plaintiff-Appellee,...

Establishing Administrative Priority for Future Rent in Bankruptcy: An In-Depth Analysis of In re Merry-Go-Round Enterprises, Inc., Debtor

Date: Jun 9, 1999

Establishing Administrative Priority for Future Rent in Bankruptcy: An In-Depth Analysis of In re Merry-Go-Round Enterprises, Inc., Debtor Introduction In re Merry-Go-Round Enterprises, Incorporated,...

Monumental Paving Excavating, Inc. v. Pennsylvania Manufacturers' Association Insurance Company: Clarifying Blanket Insurance Coverage and Excess Clauses

Date: May 19, 1999

Monumental Paving Excavating, Inc. v. Pennsylvania Manufacturers' Association Insurance Company: Clarifying Blanket Insurance Coverage and Excess Clauses Introduction Monumental Paving Excavating,...

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