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  • Commentaries
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4th Circuit Case Commentaries

Affirming AEDPA Procedural Default: Williams v. French Reinforces Strict Standards for Excusing Defaulted Constitutional Claims

Affirming AEDPA Procedural Default: Williams v. French Reinforces Strict Standards for Excusing Defaulted Constitutional Claims

Date: May 19, 1998
Affirming AEDPA Procedural Default: Williams v. French Reinforces Strict Standards for Excusing Defaulted Constitutional Claims Introduction Williams v. French, 146 F.3d 203 (4th Cir. 1998), is a...
Affirmation of Habeas Corpus Dismissal in Green v. French: A Comprehensive Analysis

Affirmation of Habeas Corpus Dismissal in Green v. French: A Comprehensive Analysis

Date: May 14, 1998
Affirmation of Habeas Corpus Dismissal in Green v. French: A Comprehensive Analysis Introduction Green v. French, 143 F.3d 865 (4th Cir. 1998), is a pivotal case addressing the boundaries of federal...
Deliberate Indifference in Prison Medical Care: Johnson v. Quinones & Morris

Deliberate Indifference in Prison Medical Care: Johnson v. Quinones & Morris

Date: May 13, 1998
Deliberate Indifference in Prison Medical Care: Johnson v. Quinones & Morris Introduction The case of Richard S. Johnson v. Moises Quinones, M.D.; Joseph Morris, O.D. (145 F.3d 164) adjudicated by...
Clarifying FMLA Leave Designation and ADA Perceptions: Cline v. Wal-Mart Stores, Inc. (4th Cir. 1998)

Clarifying FMLA Leave Designation and ADA Perceptions: Cline v. Wal-Mart Stores, Inc. (4th Cir. 1998)

Date: May 6, 1998
Clarifying FMLA Leave Designation and ADA Perceptions: Cline v. Wal-Mart Stores, Inc. (4th Cir. 1998) Introduction In Cline v. Wal-Mart Stores, Inc., the United States Court of Appeals for the Fourth...
Permissive Venue Under Federal Arbitration Act Affirmed in Apex Plumbing Supply v. U.S. Supply Co.

Permissive Venue Under Federal Arbitration Act Affirmed in Apex Plumbing Supply v. U.S. Supply Co.

Date: Apr 23, 1998
Permissive Venue Under Federal Arbitration Act Affirmed in Apex Plumbing Supply v. U.S. Supply Co. Introduction Apex Plumbing Supply, Inc. and Harold Falchick (collectively, "Apex") appealed the...
Roy v. County of Lexington: Clarifying FLSA's Application to EMS Employees

Roy v. County of Lexington: Clarifying FLSA's Application to EMS Employees

Date: Apr 15, 1998
Roy v. County of Lexington: Clarifying FLSA's Application to EMS Employees Introduction Roy v. County of Lexington is a significant judicial decision delivered by the United States Court of Appeals...
Fourth Circuit Upholds Restriction on Compensatory and Punitive Damages under IDEA and Section 1983 in Educational Malpractice Claims

Fourth Circuit Upholds Restriction on Compensatory and Punitive Damages under IDEA and Section 1983 in Educational Malpractice Claims

Date: Apr 14, 1998
Fourth Circuit Upholds Restriction on Compensatory and Punitive Damages under IDEA and Section 1983 in Educational Malpractice Claims Introduction In the landmark case of Kristopher Sellers, by His...
Qualified Immunity and Media Presence in Warrant Execution

Qualified Immunity and Media Presence in Warrant Execution

Date: Apr 9, 1998
Qualified Immunity and Media Presence in Warrant Execution Introduction In the case of WILSON v. LAYNE et al., the United States Court of Appeals for the Fourth Circuit addressed a pivotal issue...
Affirmation of Conviction in HUFFINGTON v. STATE: Upholding the Strickland Standard for Ineffective Assistance of Counsel

Affirmation of Conviction in HUFFINGTON v. STATE: Upholding the Strickland Standard for Ineffective Assistance of Counsel

Date: Apr 1, 1998
Affirmation of Conviction in HUFFINGTON v. STATE: Upholding the Strickland Standard for Ineffective Assistance of Counsel Introduction The case of John Norman Huffington v. Eugene Nuth, Warden;...
Affirmation of District Court's Discretion in Dismissing Declaratory Judgment Actions

Affirmation of District Court's Discretion in Dismissing Declaratory Judgment Actions

Date: Mar 24, 1998
Affirmation of District Court's Discretion in Dismissing Declaratory Judgment Actions Introduction The case of Aetna Casualty Surety Company v. Ind-Com Electric Company (139 F.3d 419, 4th Cir. 1998)...
Clarification on Fourth and Fifth Amendment Protections in Routine Traffic Stops: United States v. Sullivan

Clarification on Fourth and Fifth Amendment Protections in Routine Traffic Stops: United States v. Sullivan

Date: Mar 10, 1998
Clarification on Fourth and Fifth Amendment Protections in Routine Traffic Stops: United States v. Sullivan Introduction United States of America v. Robert H. Sullivan, 138 F.3d 126 (4th Cir. 1998),...
Comprehensive Analysis of Milburn Colliery Co. v. Hicks: Ensuring Comprehensive Evidence Evaluation in Black Lung Claims

Comprehensive Analysis of Milburn Colliery Co. v. Hicks: Ensuring Comprehensive Evidence Evaluation in Black Lung Claims

Date: Mar 7, 1998
Comprehensive Analysis of Milburn Colliery Co. v. Hicks: Ensuring Comprehensive Evidence Evaluation in Black Lung Claims Introduction Milburn Colliery Company v. Guy Hicks, 138 F.3d 524 (4th Cir....
Speedy Trial Rights and Evidentiary Standards: Insights from United States v. Grimmond

Speedy Trial Rights and Evidentiary Standards: Insights from United States v. Grimmond

Date: Mar 7, 1998
Speedy Trial Rights and Evidentiary Standards: Insights from United States v. Grimmond Introduction United States of America v. Brian S. Grimmond, 137 F.3d 823 (4th Cir. 1998), is a pivotal case...
Affirmation of District Court’s Gatekeeper Role under Daubert in Maryland Casualty v. Therm-O-Disc

Affirmation of District Court’s Gatekeeper Role under Daubert in Maryland Casualty v. Therm-O-Disc

Date: Feb 28, 1998
Affirmation of District Court’s Gatekeeper Role under Daubert in Maryland Casualty v. Therm-O-Disc Introduction In the landmark case The MARYLAND CASUALTY COMPANY, as Subrogee of Eileen K. Gitelson;...
Establishing Probable Cause and the Attenuation Doctrine: Analysis of United States v. Gray

Establishing Probable Cause and the Attenuation Doctrine: Analysis of United States v. Gray

Date: Feb 26, 1998
Establishing Probable Cause and the Attenuation Doctrine: Analysis of United States v. Gray Introduction United States of America v. David F. Gray is a pivotal case adjudicated by the United States...
Prosecutorial Misconduct in Closing Arguments: Ensuring Fair Trial Rights

Prosecutorial Misconduct in Closing Arguments: Ensuring Fair Trial Rights

Date: Jan 30, 1998
Prosecutorial Misconduct in Closing Arguments: Ensuring Fair Trial Rights Introduction The case of United States of America v. Norman Harrington Wilson et al. (135 F.3d 291) adjudicated by the United...
Affirmation of Summary Judgment in Employment Discrimination and Retaliation Claims: Karpel v. Inova Health System

Affirmation of Summary Judgment in Employment Discrimination and Retaliation Claims: Karpel v. Inova Health System

Date: Jan 28, 1998
Affirmation of Summary Judgment in Employment Discrimination and Retaliation Claims: Karpel v. Inova Health System Introduction Elizabeth A. Karpel, an African-American Licensed Practical Nurse (LPN)...
Affirmation of Tax Injunction Act Jurisdiction in Municipal Fee Assessments

Affirmation of Tax Injunction Act Jurisdiction in Municipal Fee Assessments

Date: Jan 27, 1998
Affirmation of Tax Injunction Act Jurisdiction in Municipal Fee Assessments Introduction In the case of Bernard J. Folio et al. v. The City of Clarksburg, West Virginia et al., heard by the United...
Fourth Circuit Clarifies Exhaustion of State Remedies in §1983 Takings Claims

Fourth Circuit Clarifies Exhaustion of State Remedies in §1983 Takings Claims

Date: Jan 24, 1998
Fourth Circuit Clarifies Exhaustion of State Remedies in §1983 Takings Claims Introduction Front Royal and Warren County Industrial Park Corporation (IPC), a Virginia corporation, initiated a legal...
Reaffirming the Boundaries of Special Education Services: Springer v. Fairfax County School Board

Reaffirming the Boundaries of Special Education Services: Springer v. Fairfax County School Board

Date: Jan 24, 1998
Reaffirming the Boundaries of Special Education Services: Springer v. Fairfax County School Board Introduction In the landmark case of Edward P. Springer v. The Fairfax County School Board, the...
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