4th Circuit Case Commentaries

Recognition of Wrongful Discharge under Public Policy Exception in At-Will Employment: A Comprehensive Analysis of McLean v. Patten Communities, Inc.

Date: Jun 18, 2003

Recognition of Wrongful Discharge under Public Policy Exception in At-Will Employment: A Comprehensive Analysis of McLean v. Patten Communities, Inc. Introduction McLean v. Patten Communities,...

Limiting Injunctive Relief to Actual Use in Common Law Trademark Disputes: Insights from Emergency One Inc. v. American Fire Eagle Engine Co.

Date: Jun 17, 2003

Limiting Injunctive Relief to Actual Use in Common Law Trademark Disputes: Insights from Emergency One Inc. v. American Fire Eagle Engine Co., 332 F.3d 264 (4th Cir. 2003) Introduction The case of...

United States v. Billie J. Cherry: Establishing the Preponderance Standard for §982 Forfeitures

Date: May 31, 2003

United States v. Billie J. Cherry: Establishing the Preponderance Standard for §982 Forfeitures Introduction United States of America v. Billie J. Cherry is a landmark case adjudicated by the United...

Curing vs. Modifying Secured Claims: Insights from In re Anna S. Litton, Debtor-Appellant v. Wachovia

Date: May 28, 2003

Curing vs. Modifying Secured Claims: Insights from In re Anna S. Litton, Debtor-Appellant v. Wachovia Introduction The case of In re Anna S. Litton, Debtor-Appellant v. Wachovia (330 F.3d 636, 2003)...

Fourth Circuit Establishes Standards for Adequate Medical Treatment of Gender Identity Disorder in Prisons under the Eighth Amendment

Date: May 28, 2003

Fourth Circuit Establishes Standards for Adequate Medical Treatment of Gender Identity Disorder in Prisons under the Eighth Amendment Introduction In Ophelia Azriel DE'LONTA v. Ronald J. ANGELONE et...

Fourth Amendment Seizure of Pets: Reasonable Under Circumstances – Altman v. City of High Point

Date: May 21, 2003

Fourth Amendment Seizure of Pets: Reasonable Under Circumstances – Altman v. City of High Point 1. Introduction Altman v. City of High Point is a landmark appellate case adjudicated by the United...

International Bancorp v. SBM: Expanding the Scope of "Use in Commerce" Under the Lanham Act

Date: May 20, 2003

International Bancorp v. SBM: Expanding the Scope of "Use in Commerce" Under the Lanham Act Introduction The case of International Bancorp, LLC; International Services, Incorporated; International...

Affirmation of Summary Judgment in King v. Rumsfeld: Clarifying Prima Facie Discrimination Standards

Date: May 9, 2003

Affirmation of Summary Judgment in King v. Rumsfeld: Clarifying Prima Facie Discrimination Standards Introduction In the landmark case of Alfred G. King v. Donald Rumsfeld, the United States Court of...

Establishment Clause and State-Sponsored Prayer at Military Institutions: Comprehensive Analysis of Mellen v. Bunting

Date: Apr 29, 2003

Establishment Clause and State-Sponsored Prayer at Military Institutions: Comprehensive Analysis of Mellen v. Bunting Introduction The case of Neil J. Mellen; Paul S. Knick v. Josiah Bunting, III...

Limiting Successive §2255 Applications Under AEDPA: Analysis of Winestock v. United States

Date: Apr 26, 2003

Limiting Successive §2255 Applications Under AEDPA: Analysis of Winestock v. United States Introduction In Winestock v. United States (340 F.3d 200, 4th Cir. 2003), the United States Court of Appeals...

Timeliness of Federal Habeas Petitions under 28 U.S.C. § 2254(d)(1): Insights from Carroll E. Wade v. Robinson

Date: Apr 23, 2003

Timeliness of Federal Habeas Petitions under 28 U.S.C. § 2254(d)(1): Insights from Carroll E. Wade v. Robinson Introduction The case of Carroll E. Wade v. Dave Robinson delves into the complexities...

Qualified Immunity in Racial Classification Investigations: Analysis of Williams v. Fayetteville

Date: Apr 23, 2003

Qualified Immunity in Racial Classification Investigations: Analysis of Williams v. Fayetteville Introduction Williams v. Fayetteville, 326 F.3d 569 (4th Cir. 2003), is a pivotal case addressing the...

Fourth Circuit Recognizes Title VI Retaliation Claims Based on Opposition to Discriminatory Practices

Date: Apr 23, 2003

Fourth Circuit Recognizes Title VI Retaliation Claims Based on Opposition to Discriminatory Practices Introduction In the landmark case of Cheryl A. Peters v. Timothy Jenney, the United States Court...

Defining the 'Significant Jeopardy' Standard for Extended School Year Services under IDEA

Date: Apr 22, 2003

Defining the 'Significant Jeopardy' Standard for Extended School Year Services under the IDEA Introduction In the case of JD and SS v. Henrico County School Board (326 F.3d 560), the United States...

Ekenasi v. Education Resources Institute: Precedent on Discharge of Federal Student Loans in Chapter 13 Bankruptcy

Date: Apr 17, 2003

Ekenasi v. Education Resources Institute: Precedent on Discharge of Federal Student Loans in Chapter 13 Bankruptcy Introduction In the landmark case of Ekenasi v. Education Resources Institute, the...

Reaffirmation of Article III Standing Standards in Clean Water Act Litigation

Date: Apr 17, 2003

Reaffirmation of Article III Standing Standards in Clean Water Act Litigation Introduction The case of American Canoe Association, Incorporated; Professional Paddlesports Association; The...

Use of Excessive Force: Jones v. Buchanan – Establishing Bounds of Reasonable Police Conduct

Date: Apr 16, 2003

Use of Excessive Force: Jones v. Buchanan – Establishing Bounds of Reasonable Police Conduct Introduction The case of Edward Arthur Jones v. Richard Buchanan (325 F.3d 520) adjudicated by the United...

Virginia Code § 46.2-930 Unconstitutional as Applied to Peaceful Protests: Da v. Doyle

Date: Apr 15, 2003

Virginia Code § 46.2-930 Unconstitutional as Applied to Peaceful Protests: Da v. Doyle Introduction In the landmark case Da v. Doyle, the United States Court of Appeals for the Fourth Circuit...

Fourth Circuit Reinforces Standards for Money Laundering and False Claims in Medicaid Fraud: Insights from United States v. Bolden

Date: Apr 4, 2003

Fourth Circuit Reinforces Standards for Money Laundering and False Claims in Medicaid Fraud: Insights from United States v. Bolden 1. Introduction In United States of America v. Glennis L. Bolden,...

Reaffirming the Admissibility of Fingerprint and Handwriting Analyses Under Daubert Standards

Date: Apr 1, 2003

Reaffirming the Admissibility of Fingerprint and Handwriting Analyses Under Daubert Standards Introduction In the case of United States v. Patrick Leroy Crisp, 324 F.3d 261 (4th Cir. 2003), the...