4th Circuit Case Commentaries

Protecting At-Will Employment Under 42 U.S.C. § 1981: Spriggs v. Diamond Auto Glass

Date: Jan 29, 1999

Protecting At-Will Employment Under 42 U.S.C. § 1981: Spriggs v. Diamond Auto Glass Introduction The case of James H. Spriggs v. Diamond Auto Glass addresses significant issues concerning racial...

Exclusive Remedy under the Virginia Workers' Compensation Act Affirmed: Implications for Statutory Employers and Fellow Statutory Employees

Date: Jan 29, 1999

Exclusive Remedy under the Virginia Workers' Compensation Act Affirmed: Implications for Statutory Employers and Fellow Statutory Employees Introduction In the appellate case of David Wayne Evans v....

United States v. Aramony and Merlo: Fourth Circuit Reinforces Proper Procedure in Sentencing Fines

Date: Jan 29, 1999

United States v. Aramony and Merlo: Fourth Circuit Reinforces Proper Procedure in Sentencing Fines Introduction In United States of America v. William Aramony and Thomas J. Merlo (166 F.3d 655, 4th...

Citizenship of Inactive Corporations for Diversity Jurisdiction: Athena Automotive v. DiGregorio

Date: Jan 26, 1999

Citizenship of Inactive Corporations for Diversity Jurisdiction: Athena Automotive v. DiGregorio Introduction Athena Automotive, Incorporated v. John J. DiGregorio; J D Automotive, Incorporated, 166...

Hitachi Credit America v. Signet Bank: Fourth Circuit Sets Precedent on Fraud Claims and Interest Calculations in Contract Law

Date: Jan 20, 1999

Hitachi Credit America v. Signet Bank: Fourth Circuit Sets Precedent on Fraud Claims and Interest Calculations in Contract Law Introduction The case of Hitachi Credit America Corporation v. Signet...

Limitations on Personal Jurisdiction in Patent Infringement: Insights from ESAB Group, Inc. v. Centricut, LLC

Date: Jan 16, 1999

Limitations on Personal Jurisdiction in Patent Infringement: Insights from ESAB Group, Inc. v. Centricut, LLC Introduction ESAB Group, Inc. v. Centricut, LLC is a pivotal case adjudicated by the...

Danville v. Carter: Affirming Rigorous Standards for Municipal Liability under Section 1983

Date: Jan 15, 1999

Danville v. Carter: Affirming Rigorous Standards for Municipal Liability under Section 1983 Introduction In the case of Pamela Carter v. City of Danville et al. (164 F.3d 215), the United States...

Establishing District Court Jurisdiction Over Rule 60(b) Motions During Pending Appeals: Fobian and Green v. Storage Technology Corporation

Date: Jan 14, 1999

Establishing District Court Jurisdiction Over Rule 60(b) Motions During Pending Appeals: Fobian and Green v. Storage Technology Corporation Introduction The case of Fobian and Green v. Storage...

Procedural Default in Federal Habeas Corpus: Insights from Yeatts v. Angelone

Date: Jan 13, 1999

Procedural Default in Federal Habeas Corpus: Insights from Yeatts v. Angelone Introduction The case of Ronald Dale Yeatts v. Ronald J. Angelone, adjudicated by the United States Court of Appeals for...

Adoption of Preponderance of Evidence Standard for Amount in Controversy in Diversity Jurisdiction Cases

Date: Jan 9, 1999

Adoption of Preponderance of Evidence Standard for Amount in Controversy in Diversity Jurisdiction Cases Introduction In the case of Charlotte Judy Sayre and Stewart Sayre v. Brian Potts and...

Assessing the Excessiveness of Jury Damage Awards: Insights from Konkel v. Bob Evans Farms Inc.

Date: Jan 5, 1999

Assessing the Excessiveness of Jury Damage Awards: Insights from Konkel v. Bob Evans Farms Inc. Introduction The case of Carol M. Konkel, Plaintiff-Appellee v. Bob Evans Farms Incorporated,...

Reaffirmation of Strickland Standards in Ineffective Assistance of Counsel Claims: Sexton v. French

Date: Dec 24, 1998

Reaffirmation of Strickland Standards in Ineffective Assistance of Counsel Claims: Sexton v. French 1. Introduction The case of Michael Earl Sexton v. James B. French, Warden, Central Prison,...

Affirmation of Summary Judgment in Discrimination and Retaliation Claims: Causation and Individual Liability Under Title VII and ADEA

Date: Dec 16, 1998

Affirmation of Summary Judgment in Discrimination and Retaliation Claims: Causation and Individual Liability Under Title VII and ADEA Introduction The case of James Causey v. Georger Balog et al....

Judicial Recusal and Impartiality: Insights from U.S. v. DeTemple

Date: Dec 11, 1998

Judicial Recusal and Impartiality: Insights from United States of America v. DeTemple Introduction United States of America v. Gary L. DeTemple is a pivotal case adjudicated by the United States...

Enforcing Procedural Default: A Comprehensive Review of Fisher v. Angelone

Date: Dec 10, 1998

Enforcing Procedural Default: A Comprehensive Review of Fisher v. Angelone Introduction Fisher v. Angelone is a pivotal case decided by the United States Court of Appeals for the Fourth Circuit on...

Comprehensive Commentary on Quesinberry v. Taylor: Procedural Default and Effective Assistance of Counsel in Habeas Corpus Proceedings

Date: Dec 8, 1998

Procedural Default and Effective Assistance of Counsel in Habeas Corpus Proceedings: An Analysis of Quesinberry v. Taylor Introduction George Adrian Quesinberry, Jr. appealed his conviction and death...

Application of Qualified Immunity and Objective Reasonableness in Police Use of Deadly Force Cases: Sigman v. Town of Chapel Hill

Date: Dec 3, 1998

Application of Qualified Immunity and Objective Reasonableness in Police Use of Deadly Force Cases: Sigman v. Town of Chapel Hill Introduction The case of Gary Sigman et al. v. Town of Chapel Hill et...

Defining "Corrupt Intent" in Federal Bribery Laws: Insights from United States v. Larry E. Jennings, Sr.

Date: Nov 20, 1998

Defining "Corrupt Intent" in Federal Bribery Laws: Insights from United States v. Larry E. Jennings, Sr. Introduction United States v. Larry E. Jennings, Sr., 160 F.3d 1006 (4th Cir. 1998), is a...

Broad Interpretation of Pollution Exclusion in General Liability Policies: ASSICURAZIONI GENERALI v. KENNETH NEIL

Date: Nov 19, 1998

Broad Interpretation of Pollution Exclusion in General Liability Policies: Assicurazioni Generali, S.p.A. v. Kenneth Neil Introduction The case of Assicurazioni Generali, S.p.A., Plaintiff-Appellant,...

Fourth Circuit Establishes Reasonable Suspicion and Safety Concerns as Basis for Passenger Pat-Downs during Traffic Stops

Date: Oct 31, 1998

Fourth Circuit Establishes Reasonable Suspicion and Safety Concerns as Basis for Passenger Pat-Downs during Traffic Stops Introduction In the landmark case of United States of America v. Collins Kusi...

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