4th Circuit Case Commentaries

Defining "Reasonable Investigation" under FCRA: Johnson v. MBNA America Bank

Date: Feb 12, 2004

Defining "Reasonable Investigation" under FCRA: Johnson v. MBNA America Bank Introduction The case of Linda Johnson v. MBNA America Bank, NA addresses critical issues surrounding the obligations of...

United States v. Goines: Clarifying the Retroactive Application of Sentencing Guidelines

Date: Jan 29, 2004

United States v. Goines: Clarifying the Retroactive Application of Sentencing Guidelines Introduction In the case of United States of America, Plaintiff-Appellee, v. Anthony Goines,...

State Department’s Conclusive Interpretation of Diplomatic Immunity Parameters Confirmed in U.S. v. Al-Hamdi

Date: Jan 24, 2004

State Department’s Conclusive Interpretation of Diplomatic Immunity Parameters Confirmed in U.S. v. Al-Hamdi Introduction The case of United States of America v. Ibrahim Ahmed Al-Hamdi, adjudicated...

Balancing Free Speech and Administrative Discretion: Insights from Love-Lane v. Martin

Date: Jan 23, 2004

Balancing Free Speech and Administrative Discretion: Insights from Love-Lane v. Martin Introduction The case of Decoma Love-Lane v. Donald Martin presents a pivotal examination of the intersection...

Refining Offensive Collateral Estoppel: Fourth Circuit's Reversal in Microsoft Antitrust Litigation

Date: Jan 16, 2004

Refining Offensive Collateral Estoppel: Fourth Circuit's Reversal in Microsoft Antitrust Litigation Introduction The In Re: Microsoft Corporation Antitrust Litigation case, decided by the United...

Assessing Probable Cause and Relevant Conduct in Federal Narcotics Cases: A Commentary on USA v. Hodge

Date: Jan 7, 2004

Assessing Probable Cause and Relevant Conduct in Federal Narcotics Cases: A Commentary on USA v. Hodge Introduction The case United States of America v. Dale McCourtney Hodge, reported at 354 F.3d...

Limits on Employer Liability for Subordinate's Discriminatory Conduct: Hill v. Lockheed Martin Logistics Management

Date: Jan 6, 2004

Limits on Employer Liability for Subordinate's Discriminatory Conduct: Hill v. Lockheed Martin Logistics Management Introduction The case of Ethel Louise Hill v. Lockheed Martin Logistics Management,...

Affirmation of Dismissal in Ottmann v. Hanger Orthopedic Group: Implications for Scienter Pleading under the PSLRA

Date: Dec 23, 2003

Affirmation of Dismissal in Ottmann v. Hanger Orthopedic Group: Implications for Scienter Pleading under the PSLRA Introduction Ottmann v. Hanger Orthopedic Group is a pivotal case adjudicated by the...

Affirmation of Death Sentences under the Federal Death Penalty Act: A Precedent in Indictment Sufficiency

Date: Dec 23, 2003

Affirmation of Death Sentences under the Federal Death Penalty Act: A Precedent in Indictment Sufficiency Introduction In the landmark case of United States of America v. Dustin John Higgs, decided...

Maintaining Procurement Integrity: Insights from HARRISON v. WESTINGHOUSE SAVANNAH RIVER CO.

Date: Dec 20, 2003

Maintaining Procurement Integrity: Insights from HARRISON v. WESTINGHOUSE SAVANNAH RIVER CO. Introduction HARRISON v. WESTINGHOUSE SAVANNAH RIVER CO. is a pivotal case adjudicated by the United...

Affirmation of Summary Judgment in FCRA Violations: BAAF’s Compliance Standards Established

Date: Dec 20, 2003

Affirmation of Summary Judgment in FCRA Violations: BAAF’s Compliance Standards Established Introduction The case of Ausherman et al. v. Bank of America Corporation et al. adjudicated by the United...

Affirmation of HECK v. HUMPHREY: Limiting §1983 Claims Tied to Undecided Convictions

Date: Dec 18, 2003

Affirmation of HECK v. HUMPHREY: Limiting §1983 Claims Tied to Undecided Convictions Introduction In the case of Stanley M. Ballenger v. John Dale Owens, Lance Corporal and South Carolina State...

Reaffirming Federal Review Standards in Habeas Corpus Petitions: Wilson v. Ozmint

Date: Dec 18, 2003

Reaffirming Federal Review Standards in Habeas Corpus Petitions: Wilson v. Ozmint Introduction The case of James W. Wilson v. Jon E. Ozmint et al., adjudicated by the United States Court of Appeals...

Overbreadth in School Dress Codes: The Newsom Precedent

Date: Dec 2, 2003

Overbreadth in School Dress Codes: The Newsom Precedent Introduction In the landmark case of Alan Newsom v. Albemarle County School Board, the United States Court of Appeals for the Fourth Circuit...

Affirmation of Effective Assistance of Counsel under Strickland: Tucker v. Ozmint

Date: Dec 2, 2003

Affirmation of Effective Assistance of Counsel under Strickland: Tucker v. Ozmint 1. Introduction Tucker v. Ozmint, 350 F.3d 433 (4th Cir. 2003), is a pivotal case addressing the standards for...

Deliberate Indifference in Correctional Settings: Fourth Circuit Establishes New Eighth Amendment Standard

Date: Nov 20, 2003

Deliberate Indifference in Correctional Settings: Fourth Circuit Establishes New Eighth Amendment Standard Introduction The case of Clinton W. Odom v. South Carolina Department of Corrections...

Bailey v. Kennedy: Clarifying Qualified Immunity in Police Seizure and Use of Force Cases

Date: Nov 18, 2003

Bailey v. Kennedy: Clarifying Qualified Immunity in Police Seizure and Use of Force Cases Introduction In the landmark case of Michael Bailey; Jane Bailey; Billy Bailey v. D.H. Kennedy; D.B. Whitley;...

Reinforcing Standards for Withdrawing Guilty Pleas under Federal Rule 11: Insights from United States v. Bowman

Date: Oct 31, 2003

Reinforcing Standards for Withdrawing Guilty Pleas under Federal Rule 11: Insights from United States v. Bowman Introduction United States v. Ronnie Bowman is a pivotal case adjudicated by the United...

Clarifying Class Certification Criteria under Fed. R. Civ. P. 23: Predominance and Superiority in Multi-Party Healthcare Plan Litigation

Date: Oct 31, 2003

Clarifying Class Certification Criteria under Fed. R. Civ. P. 23: Predominance and Superiority in Multi-Party Healthcare Plan Litigation Introduction The case of Mary B. Gunnells et al. v. Healthplan...

Establishing Reasonableness of Attorney Fees under 42 U.S.C. §406(b)(1): Insights from Claypool v. Barnhart

Date: Oct 10, 2003

Establishing Reasonableness of Attorney Fees under 42 U.S.C. §406(b)(1): Insights from Claypool v. Barnhart Introduction The case of Nathan D. Claypool v. Jo Anne B. Barnhart addresses the critical...