4th Circuit Case Commentaries

Broad Interpretation of the False Claims Act in Subcontract Fraud: Harrison v. Westinghouse Savannah River Corp.

Date: May 18, 1999

Broad Interpretation of the False Claims Act in Subcontract Fraud: Harrison v. Westinghouse Savannah River Corp. Introduction In Edwin P. Harrison v. Westinghouse Savannah River Company (176 F.3d...

Protecting Public Employees’ First Amendment Rights: Edwards v. City of Goldsboro

Date: May 15, 1999

Protecting Public Employees’ First Amendment Rights: Edwards v. City of Goldsboro Introduction The case of Kenneth R. Edwards v. City of Goldsboro explores the boundaries of First Amendment...

Strict AEDPA Standards and TEAGUE v. LANE in Capital Habeas Corpus: Analysis of Weeks v. Angelone

Date: May 11, 1999

Strict AEDPA Standards and TEAGUE v. LANE in Capital Habeas Corpus: Analysis of Weeks v. Angelone Introduction Weeks v. Angelone, 176 F.3d 249 (4th Cir. 1999), is a significant case that delves into...

Full Survivor Benefits to Multiple Widows Affirmed under Black Lung Benefits Act

Date: May 6, 1999

Full Survivor Benefits to Multiple Widows Affirmed under Black Lung Benefits Act Introduction The case of Piney Mountain Coal Company v. Shirley Mays and Betty Jean Mays was adjudicated by the United...

Affirming AEDPA's Strict Standards: A Comprehensive Analysis of Roach v. Angelone

Date: May 5, 1999

Affirming AEDPA's Strict Standards: A Comprehensive Analysis of Roach v. Angelone Introduction Roach v. Angelone, decided by the United States Court of Appeals for the Fourth Circuit in 1999,...

Fourth Circuit Clarifies Arbitration Standards for Statutory Discrimination Claims in Collective Bargaining Agreements

Date: Apr 30, 1999

Fourth Circuit Clarifies Arbitration Standards for Statutory Discrimination Claims in Collective Bargaining Agreements Introduction The case of Carson et al. v. Giant Food, Inc. addresses the...

Albright v. SSA: Court Limits Overbroad Application of Precedent in Successive Disability Claims

Date: Apr 23, 1999

Albright v. SSA: Court Limits Overbroad Application of Precedent in Successive Disability Claims Introduction Albright v. Commissioner of the Social Security Administration (SSA) is a pivotal case...

Rational Basis for Security Threat Group Designation: Insights from In Re: Long Term Administrative Segregation of Five Percenters

Date: Apr 22, 1999

Rational Basis for Security Threat Group Designation: Insights from In Re: Long Term Administrative Segregation of Five Percenters Introduction The case In Re: Long Term Administrative Segregation of...

Exclusivity of FLSA Enforcement Mechanisms Over §1983 Actions: Analysis of Kendall et al. v. City of Chesapeake

Date: Apr 9, 1999

Exclusivity of FLSA Enforcement Mechanisms Over §1983 Actions: Analysis of Kendall et al. v. City of Chesapeake Introduction In the case of Kendall et al. v. City of Chesapeake, the plaintiffs, a...

Enforceability of Arbitration Agreements Requires Fair and Impartial Processes: Hooters of America v. Phillips

Date: Apr 9, 1999

Enforceability of Arbitration Agreements Requires Fair and Impartial Processes: Hooters of America v. Phillips Introduction The case of Hooters of America, Incorporated v. Annette R. Phillips...

Protection of Trade Secrets in Public Court Files: Hoechst Diafoil Co. v. Nan Ya Plastics Corp.

Date: Apr 7, 1999

Protection of Trade Secrets in Public Court Files: Hoechst Diafoil Co. v. Nan Ya Plastics Corp. Introduction The case of Hoechst Diafoil Company v. Nan Ya Plastics Corporation (174 F.3d 411)...

Constructive Amendment and Predicate Offense Consistency in 18 U.S.C. § 924(c): Randall v. United States

Date: Apr 6, 1999

Constructive Amendment and Predicate Offense Consistency in 18 U.S.C. § 924(c): Randall v. United States Introduction United States of America v. Gerome Montreal Randall and Jeron Rondeell Randall is...

Jersey Heights v. Glendening: Reinforcement of Statute of Limitations and Sovereign Immunity in Federal Environmental and Civil Rights Claims

Date: Apr 6, 1999

Jersey Heights v. Glendening: Reinforcement of Statute of Limitations and Sovereign Immunity in Federal Environmental and Civil Rights Claims Introduction The case of Jersey Heights Neighborhood...

Enhancing Protections Under the Fair Debt Collection Practices Act: Chaudhry v. Gallerizzo

Date: Apr 6, 1999

Enhancing Protections Under the Fair Debt Collection Practices Act: Chaudhry v. Gallerizzo Introduction In the landmark case of Mohammad H. Chaudhry and Diana M. Chaudhry v. Michael Gallerizzo and...

Essential Party Joinder in Labor Arbitration: Insights from Teamsters Local Union No. 171 v. Keal Driveaway Company

Date: Mar 30, 1999

Essential Party Joinder in Labor Arbitration: Insights from Teamsters Local Union No. 171 v. Keal Driveaway Company Introduction The case of Teamsters Local Union No. 171 v. Keal Driveaway Company...

Procedural Default and Ineffective Assistance of Counsel in Federal Habeas Corpus Review: Thomas v. Taylor

Date: Mar 17, 1999

Procedural Default and Ineffective Assistance of Counsel in Federal Habeas Corpus Review: Thomas v. Taylor Introduction Douglas Christopher Thomas, the petitioner-appellant, was convicted in Virginia...

Fourth Circuit Upholds BOP’s Classification of Firearm Possession in Drug Offenses as 'Crime of Violence' under 18 U.S.C. § 3621(e)(2)(B)

Date: Mar 13, 1999

Fourth Circuit Upholds BOP’s Classification of Firearm Possession in Drug Offenses as 'Crime of Violence' under 18 U.S.C. § 3621(e)(2)(B) Introduction The case of Robert Paul Pelissero and Aubra S....

Resetting Collateral Attacks: The Goddard Decision and Its Implications under AEDPA

Date: Mar 12, 1999

Resetting Collateral Attacks: The Goddard Decision and Its Implications under AEDPA Introduction In Re Mervyn Clinton Goddard, Movant, 170 F.3d 435 (4th Cir. 1999), presents a pivotal appellate...

Fourth Circuit Strikes Down North Carolina's Broad Definition of Political Committee and Corporate Expenditure Ban, Upholds Lobbyist Contribution Restrictions

Date: Feb 18, 1999

Fourth Circuit Strikes Down North Carolina's Broad Definition of Political Committee and Corporate Expenditure Ban, Upholds Lobbyist Contribution Restrictions Introduction In North Carolina Right to...

Establishing Employer Notice in Whistleblower Retaliation Claims: Eberhardt v. Integrated Design Construction

Date: Feb 11, 1999

Establishing Employer Notice in Whistleblower Retaliation Claims: Eberhardt v. Integrated Design Construction Introduction In the landmark case of Ronald G. Eberhardt v. Integrated Design...

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