4th Circuit Case Commentaries

Limits on Federal Jurisdiction in Private Employment Discrimination Cases: DIXON v. COBURG DAIRY, INC.

Date: May 26, 2004

Limits on Federal Jurisdiction in Private Employment Discrimination Cases: DIXON v. COBURG DAIRY, INC. Introduction DIXON v. COBURG DAIRY, INC., 369 F.3d 811 (4th Cir. 2004), addresses critical...

Resolving Insurance Coverage Disputes Through Declaratory Judgment Amidst Pending State Litigation: Penn-America Insurance Co. v. Gregory Coffey et al.

Date: May 21, 2004

Resolving Insurance Coverage Disputes Through Declaratory Judgment Amidst Pending State Litigation Penn-America Insurance Company v. Gregory Coffey et al., 368 F.3d 409 (4th Cir. 2004) Introduction...

Fourth Circuit Establishes Certificate of Appealability Requirement for Rule 60(b) Motions in Habeas Corpus Cases

Date: May 20, 2004

Fourth Circuit Establishes Certificate of Appealability Requirement for Rule 60(b) Motions in Habeas Corpus Cases Introduction The case of Juanita Pope Reid v. Ronald J. Angelone, adjudicated by the...

Title VII as the Exclusive Remedy for Federal Employment Discrimination: Insights from Pueschel v. United States

Date: May 15, 2004

Title VII as the Exclusive Remedy for Federal Employment Discrimination: Insights from Pueschel v. United States Introduction Puedeschel v. United States, 369 F.3d 345 (4th Cir. 2004), addresses...

Reassignment and Adverse Employment Action: Analysis of Aaron C. James v. Booz-Allen Hamilton, Inc.

Date: May 15, 2004

Reassignment and Adverse Employment Action: Analysis of Aaron C. James v. Booz-Allen Hamilton, Inc. Introduction Parties Involved: Aaron C. James (Plaintiff-Appellant) and Booz-Allen Hamilton,...

Strict Scrutiny in Class Certification Under Rule 23(b)(3): Indi v. Grant Thornton LLP

Date: May 13, 2004

Strict Scrutiny in Class Certification Under Rule 23(b)(3): Indi v. Grant Thornton LLP Introduction The case Indi v. Grant Thornton LLP, decided by the United States Court of Appeals for the Fourth...

Fourth Circuit Upholds Intracorporate Immunity Doctrine in Antitrust Case Against Trigon Healthcare

Date: May 7, 2004

Fourth Circuit Upholds Intracorporate Immunity Doctrine in Antitrust Case Against Trigon Healthcare Introduction In the case of American Chiropractic Association, Inc. et al. v. Trigon Healthcare,...

Necessity of Evidentiary Hearings for Oral Promises in Conditional Plea Agreements: United States v. White

Date: May 5, 2004

Necessity of Evidentiary Hearings for Oral Promises in Conditional Plea Agreements: United States v. White Introduction In the landmark case of United States of America v. Gavin Roderick White (366...

Ineffective Assistance of Counsel in Sentencing: An Analysis of United States v. Ralph Terry

Date: Apr 27, 2004

Ineffective Assistance of Counsel in Sentencing: An Analysis of United States v. Ralph Terry Introduction United States v. Ralph Leon Terry, 366 F.3d 312 (4th Cir. 2004), addresses critical issues...

Expanding the Scope of Absolute Immunity: Insights from Goldstein v. USPTO

Date: Apr 15, 2004

Expanding the Scope of Absolute Immunity: Insights from Goldstein v. USPTO Introduction Goldstein v. USPTO is a pivotal case adjudicated by the United States Court of Appeals for the Fourth Circuit...

Generic Terms in Trademark Law: 'Freebies' Declared Non-Registrable

Date: Apr 14, 2004

Generic Terms in Trademark Law: 'Freebies' Declared Non-Registrable Introduction In the landmark case of Retail Services, Inc. v. Freebies Publishing, 364 F.3d 535 (4th Cir. 2004), the United States...

Denny's Inc. v. California Department of Industrial Relations: ERISA Preemption and the Anti-Injunction Act

Date: Apr 13, 2004

Denny's Inc. v. California Department of Industrial Relations: ERISA Preemption and the Anti-Injunction Act Introduction Denny's, Incorporated, a prominent restaurant chain based in South Carolina,...

Reaffirming the Certificate of Appealability Requirement in § 2255 Motions: The Sosa Decision

Date: Apr 10, 2004

Reaffirming the Certificate of Appealability Requirement in § 2255 Motions: The Sosa Decision Introduction The case of United States of America v. Francisco Moreno Sosa, 364 F.3d 507 (4th Cir. 2004),...

Reevey v. United States: Addressing Double Counting of Sentencing Enhancements

Date: Apr 8, 2004

Reevey v. United States: Addressing Double Counting of Sentencing Enhancements Introduction In United States of America v. Jaron Reevey, the United States Court of Appeals for the Fourth Circuit...

Corroborated Informant Tips and Reasonable Suspicion in Terry Stops: Insights from United States v. Perkins

Date: Apr 8, 2004

Corroborated Informant Tips and Reasonable Suspicion in Terry Stops: Insights from United States v. Perkins Introduction The case of United States of America v. John Michael Perkins, 363 F.3d 317...

Immediate Possession in Eminent Domain: The East Tennessee Natural Gas Company v. Sage Decision

Date: Mar 23, 2004

Immediate Possession in Eminent Domain: The East Tennessee Natural Gas Company v. Sage Decision Introduction The case East Tennessee Natural Gas Company v. Sage (361 F.3d 808) addresses a pivotal...

Assumption of Executory Contracts in Bankruptcy: Fourth Circuit Clarifies 11 U.S.C. § 365(c)

Date: Mar 19, 2004

Assumption of Executory Contracts in Bankruptcy: Fourth Circuit Clarifies 11 U.S.C. § 365(c) Introduction The case of RCI Technology Corporation v. Sunterra Corporation, 361 F.3d 257 (4th Cir. 2004),...

Affirmation of Summary Judgment in Title VII Sex Discrimination and Retaliation Claims: Mackey v. Shalala

Date: Mar 17, 2004

Affirmation of Summary Judgment in Title VII Sex Discrimination and Retaliation Claims: Mackey v. Shalala Introduction Billie Bryan Mackey filed a lawsuit against the Department of Health and Human...

Constructive Notice and Spoliation of Evidence in Premises Liability: Comprehensive Commentary on Hodge v. Wal-Mart

Date: Mar 11, 2004

Constructive Notice and Spoliation of Evidence in Premises Liability: Comprehensive Commentary on Hodge v. Wal-Mart Introduction In Michelle Hodge v. Wal-Mart Stores, Incorporated, adjudicated by the...

Affirming Managerial Discretion in RIFs Under ADEA: Mereish v. Walker

Date: Feb 21, 2004

Affirming Managerial Discretion in RIFs Under ADEA: Mereish v. Walker Introduction Mereish v. Walker, 359 F.3d 330 (4th Cir. 2004), is a significant case adjudicated by the United States Court of...