4th Circuit Case Commentaries

Section 230 Confirms Immunity of Interactive Computer Service Providers from Third-Party Defamation Claims: Zeran v. AOL

Date: Nov 13, 1997

Section 230 Confirms Immunity of Interactive Computer Service Providers from Third-Party Defamation Claims: Zeran v. AOL Introduction The case of Kenneth M. Zeran v. America Online, Incorporated...

Exhaustion of Administrative Remedies Required for Bivens Claims under the Prison Litigation Reform Act

Date: Oct 23, 1997

Exhaustion of Administrative Remedies Required for Bivens Claims under the Prison Litigation Reform Act Introduction Harlan Clement Gibbs v. Bureau of Prison Office, FCI Cumberland Administration is...

Nationwide Service of Process under RICO Establishes Personal Jurisdiction: Analysis of ESAB Group, Inc. v. Centricut, Inc.

Date: Oct 18, 1997

Nationwide Service of Process under RICO Establishes Personal Jurisdiction: Analysis of ESAB Group, Inc. v. Centricut, Inc. Introduction The case of ESAB Group, Inc. v. Centricut, Inc., et al. (126...

Retroactive Amendment of Supervised Furlough Programs and Ex Post Facto Violations: Plyler v. Moore

Date: Oct 17, 1997

Retroactive Amendment of Supervised Furlough Programs and Ex Post Facto Violations: Plyler v. Moore Introduction The case Harry Allen Plyler, et al. v. Michael W. Moore (129 F.3d 728) addressed the...

Fluctuating Workweek Compliance under FLSA: Analysis of Flood et al. v. New Hanover County

Date: Sep 23, 1997

Fluctuating Workweek Compliance under FLSA: Analysis of Flood et al. v. New Hanover County Introduction In the case of Flood et al. v. New Hanover County, the United States Court of Appeals for the...

Affirmation of Summary Judgment in Halperin v. Abacus Technology Corp. Under ADA and ADEA

Date: Sep 19, 1997

Affirmation of Summary Judgment in Halperin v. Abacus Technology Corp. Under ADA and ADEA Introduction Halperin v. Abacus Technology Corporation is a pivotal case adjudicated by the United States...

Harmless Error in In-Court Identification: Satcher v. Pruett

Date: Sep 19, 1997

Harmless Error in In-Court Identification: Satcher v. Pruett Introduction Satcher v. Pruett (1997) is a pivotal case decided by the United States Court of Appeals for the Fourth Circuit. This case...

Affirmation of Substitution Procedures and Sovereign Immunity under the Federal Tort Claims Act

Date: Sep 19, 1997

Affirmation of Substitution Procedures and Sovereign Immunity under the Federal Tort Claims Act Introduction The case of Barry J. Maron, Dr., Plaintiff-Appellant v. United States of America et al.,...

Fitness-for-Duty Examinations and ADA Compliance: The Porter v. United States Alumoweld Company Decision

Date: Sep 16, 1997

Fitness-for-Duty Examinations and ADA Compliance: The Porter v. United States Alumoweld Company Decision Introduction In the case of Raymond Porter v. United States Alumoweld Company, Incorporated,...

Establishing Boundaries of Absolute Immunity in §1983 Claims: Suarez Corp. Industries v. McGraw et al.

Date: Sep 12, 1997

Establishing Boundaries of Absolute Immunity in §1983 Claims: Suarez Corp. Industries v. McGraw et al. Introduction Suarez Corporation Industries; Emerson Sonny Clopper; Patricia Clopper; Elizabeth...

Waste Management Retaliation and Breach of Settlement: Munday v. Waste Management

Date: Sep 12, 1997

Waste Management Retaliation and Breach of Settlement: Munday v. Waste Management Introduction In the landmark case of Munday v. Waste Management of North America, Inc., adjudicated by the United...

Clinchfield Coal Co. v. Local Union 7107: Defining Foreseeability under the WARN Act

Date: Sep 12, 1997

Clinchfield Coal Co. v. Local Union 7107: Defining Foreseeability under the WARN Act Introduction The case of Local Union 7107, United Mine Workers of America, District 28 v. Clinchfield Coal...

MetLife's Discretionary Authority Under ERISA Affirmed in Ellis v. Ellis

Date: Sep 11, 1997

MetLife's Discretionary Authority Under ERISA Affirmed in Ellis v. Ellis Introduction In the landmark case of Ellis v. Ellis, 126 F.3d 228 (4th Cir. 1997), the United States Court of Appeals for the...

Affirmation of Half-Time Overtime Rate and Denial of Liquidated Damages under FLSA: Mayhew v. Wells

Date: Sep 11, 1997

Affirmation of Half-Time Overtime Rate and Denial of Liquidated Damages under FLSA: Mayhew v. Wells Introduction In Douglas E. Mayhew v. Carl H. Wells, Sheriff, 125 F.3d 216 (4th Cir. 1997), the...

Affirming 'Related To' Jurisdiction in Bankruptcy Contribution Actions: Owens-Illinois v. Rapid American Corp. Analysis

Date: Sep 5, 1997

Affirming 'Related To' Jurisdiction in Bankruptcy Contribution Actions: Owens-Illinois v. Rapid American Corp. Analysis Introduction The case of In re: The Celotex Corporation, Debtor....

Affirmation of Summary Judgment in Hartsell v. Duplex Products: Clarifying Title VII's Hostile Work Environment Standards

Date: Aug 26, 1997

Affirmation of Summary Judgment in Hartsell v. Duplex Products: Clarifying Title VII's Hostile Work Environment Standards Introduction In the case of Margaret Lynn Hartsell v. Duplex Products,...

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4th Circuit Case Commentaries

Section 230 Confirms Immunity of Interactive Computer Service Providers from Third-Party Defamation Claims: Zeran v. AOL

Exhaustion of Administrative Remedies Required for Bivens Claims under the Prison Litigation Reform Act

Nationwide Service of Process under RICO Establishes Personal Jurisdiction: Analysis of ESAB Group, Inc. v. Centricut, Inc.

Retroactive Amendment of Supervised Furlough Programs and Ex Post Facto Violations: Plyler v. Moore

Fluctuating Workweek Compliance under FLSA: Analysis of Flood et al. v. New Hanover County

Affirmation of Summary Judgment in Halperin v. Abacus Technology Corp. Under ADA and ADEA

Harmless Error in In-Court Identification: Satcher v. Pruett

Affirmation of Substitution Procedures and Sovereign Immunity under the Federal Tort Claims Act

Fitness-for-Duty Examinations and ADA Compliance: The Porter v. United States Alumoweld Company Decision

Establishing Boundaries of Absolute Immunity in §1983 Claims: Suarez Corp. Industries v. McGraw et al.

Waste Management Retaliation and Breach of Settlement: Munday v. Waste Management

Clinchfield Coal Co. v. Local Union 7107: Defining Foreseeability under the WARN Act

MetLife's Discretionary Authority Under ERISA Affirmed in Ellis v. Ellis

Affirmation of Half-Time Overtime Rate and Denial of Liquidated Damages under FLSA: Mayhew v. Wells

Affirming 'Related To' Jurisdiction in Bankruptcy Contribution Actions: Owens-Illinois v. Rapid American Corp. Analysis

Affirmation of Summary Judgment in Hartsell v. Duplex Products: Clarifying Title VII's Hostile Work Environment Standards

Reasonable Accommodation in Zoning for Handicapped Group Homes: Bryant Woods Inn v. Howard County

Procedural Default in Federal Habeas Corpus: Upholding SLAYTON v. PARRIGAN in Mu'Min Case

Reaffirmation of Absolute Prosecutorial Immunity in Decision to Prosecute: Springmen v. Williams

Runnebaum v. NationsBank of Maryland: Defining Disability in the ADA