4th Circuit Case Commentaries

Federal Jurisdiction and Standing in Limited Liability Company Disputes: Insights from General Technology Applications, Inc. v. Exro Ltda.

Date: Oct 29, 2004

Federal Jurisdiction and Standing in Limited Liability Company Disputes: Insights from General Technology Applications, Inc. v. Exro Ltda. Introduction The case of General Technology Applications,...

Implied Discretionary Function Exception in the Suits in Admiralty Act: An En Banc Decision

Date: Oct 15, 2004

Implied Discretionary Function Exception in the Suits in Admiralty Act: An En Banc Decision Introduction Carrie A. McMellon, Lori Dawn White, Kathy D. Templeton, and Cheri Call (collectively referred...

Balancing Contractual Choice-of-Law Provisions Against Fundamental State Dealer Protection Statutes: The Volvo v. CLM Equip Decision

Date: Oct 9, 2004

Balancing Contractual Choice-of-Law Provisions Against Fundamental State Dealer Protection Statutes: The Volvo v. CLM Equip Decision Introduction The case of Volvo Construction Equipment North...

Balancing Public Access and Investigative Integrity: Insights from Virginia Dept. of State Police v. Washington Post et al.

Date: Oct 2, 2004

Balancing Public Access and Investigative Integrity: Insights from Virginia Department of State Police v. The Washington Post et al. Introduction The case of Virginia Department of State Police...

Fourth Circuit Upholds Enforcement of Oral and Implied Contracts in Real Estate Brokerage: Slater Son v. Brennan LLC

Date: Oct 1, 2004

Fourth Circuit Upholds Enforcement of Oral and Implied Contracts in Real Estate Brokerage: Slater Son v. Brennan LLC Introduction The case of T.G. Slater Son, Incorporated v. The Donald P. and...

Affirmation of Numerical Majority Requirement in Section 2 Voting Rights Act Claims

Date: Sep 23, 2004

Affirmation of Numerical Majority Requirement in Section 2 Voting Rights Act Claims Introduction In the landmark case titled Joan Hall et al. v. Elijah Sharpe et al., the United States Court of...

Affirmation of Defendant's Sixth Amendment Right to Depose Enemy Combatant Witnesses in United States v. Moussaoui

Date: Sep 14, 2004

Affirmation of Defendant's Sixth Amendment Right to Depose Enemy Combatant Witnesses in United States v. Moussaoui Introduction In United States v. Zacarias Moussaoui, the United States Court of...

Affirmation of Federal Sentencing Guidelines Amidst BLAKELY v. WASHINGTON: Comprehensive Commentary on United States v. Mohamad Youssef Hammoud

Date: Sep 9, 2004

Affirmation of Federal Sentencing Guidelines Amidst BLAKELY v. WASHINGTON: Comprehensive Commentary on United States v. Mohamad Youssef Hammoud Introduction The case of United States of America v....

Procedural Default and Its Impact on Habeas Corpus: Analysis of Carlotta Leano v. United States

Date: Sep 8, 2004

Procedural Default and Its Impact on Habeas Corpus: Analysis of Carlotta Leano v. United States Introduction Carlotta Leano v. United States of America, 334 F. Supp. 2d 885 (D. S.C. 2004), presents a...

Federal Employees Health Benefits Act and State Law Claims: Comprehensive Analysis of Estate of Shelia Williams-Moore v. Alliance One Receivables Management, Inc. et al.

Date: Sep 4, 2004

Federal Employees Health Benefits Act and State Law Claims: Comprehensive Analysis of Estate of Shelia Williams-Moore v. Alliance One Receivables Management, Inc. et al. Introduction The case of...

Voluntary Resignation and Constructive Discharge: Insights from John C. Honor, Jr. v. Booz-Allen Hamilton, Inc.

Date: Sep 3, 2004

Voluntary Resignation and Constructive Discharge: Insights from John C. Honor, Jr. v. Booz-Allen Hamilton, Inc. Introduction The case of John C. Honor, Jr. v. Booz-Allen Hamilton, Inc. (383 F.3d 180)...

Enhanced Protections for ERISA Fiduciaries Established in Gilbarco v. Marconi Commerce Systems Employees' Retirement Plan

Date: Sep 2, 2004

Enhanced Protections for ERISA Fiduciaries Established in Gilbarco v. Marconi Commerce Systems Employees' Retirement Plan Introduction The case of Gilbarco, Inc. v. Marconi Commerce Systems...

Strong FAA Protections Against Waiver of Arbitration Rights: Patten Grading Paving v. Skanska

Date: Aug 19, 2004

Strong FAA Protections Against Waiver of Arbitration Rights: Patten Grading Paving v. Skanska Introduction The legal landscape surrounding arbitration agreements is significantly influenced by the...

Reinforcing the Necessity of Substantial Pretext Evidence in Retaliation Claims: Price v. Thompson

Date: Aug 19, 2004

Reinforcing the Necessity of Substantial Pretext Evidence in Retaliation Claims: Price v. Thompson Introduction The case of William Price v. Tommy G. Thompson, adjudicated by the United States Court...

Effective Assistance of Counsel in Capital Cases: Insights from UNITED STATES v. ROANE

Date: Aug 10, 2004

Effective Assistance of Counsel in Capital Cases: Insights from UNITED STATES v. ROANE Introduction UNITED STATES OF AMERICA, Plaintiff-Appellant, v. JAMES H. ROANE, JR., Defendant-Appellee is a...

Limits on Sanctions Post-Settlement: Bradley v. American Household

Date: Aug 7, 2004

Limits on Sanctions Post-Settlement: Bradley v. American Household Introduction Bradley v. American Household, Inc. is a seminal case adjudicated by the United States Court of Appeals for the Fourth...

Camara v. Ashcroft: Fourth Circuit Establishes Independent Evaluation for Asylum and CAT Claims

Date: Aug 7, 2004

Camara v. Ashcroft: Fourth Circuit Establishes Independent Evaluation for Asylum and CAT Claims Introduction In the landmark case of Djenaba Camara v. John Ashcroft, decided on August 6, 2004, the...

Fourth Circuit Rules Additional Insureds Not Bound by Named Insured's CGL Policy Limitations

Date: Jul 29, 2004

Fourth Circuit Rules Additional Insureds Not Bound by Named Insured's CGL Policy Limitations Introduction In the landmark case of Seabulk Offshore, Limited v. American Home Assurance Company, 377...

Fourth Circuit Upholds Denial of Habeas Relief in LONGWORTH v. OZMINT: Clarifying Standards for Effective Assistance of Counsel and Procedural Default

Date: Jul 29, 2004

Fourth Circuit Upholds Denial of Habeas Relief in LONGWORTH v. OZMINT: Clarifying Standards for Effective Assistance of Counsel and Procedural Default Introduction In the case of Richard Longworth v....

Establishing 'Substantial Part' for Venue Under 28 U.S.C. § 1391(a): Insights from Mitrano v. Hawes

Date: Jul 27, 2004

Establishing 'Substantial Part' for Venue Under 28 U.S.C. § 1391(a): Insights from Mitrano v. Hawes Introduction In the realm of civil litigation, the determination of proper venue is a fundamental...