4th Circuit Case Commentaries

Application of AEDPA Standards in Habeas Corpus Petition Denial: McLee v. Angelone

Date: Jun 11, 1997

Application of AEDPA Standards in Habeas Corpus Petition Denial: McLee v. Angelone Introduction The case of Henderson McLee v. Ronald J. Angelone, decided on June 10, 1997, by the United States...

Disqualification of Counsel and Suppression of Evidence in Antitrust Litigation: Analysis of Zachair, Ltd. v. Driggs et al.

Date: Jun 4, 1997

Disqualification of Counsel and Suppression of Evidence in Antitrust Litigation: Analysis of Zachair, Ltd. v. Driggs et al. Introduction Zachair, Ltd. v. John A. Driggs et al. is a pivotal case...

Cilecek v. Inova Health System Services: Defining Employee Status Under Title VII

Date: Jun 3, 1997

Cilecek v. Inova Health System Services: Defining Employee Status Under Title VII Introduction In the case of James W. Cilecek, M.D. v. Inova Health System Services et al., decided by the United...

Affirming Arbitration Autonomy: Courts Limited in Addressing Defenses like Laches - Glass v. Kidder, Peabody Co., Inc.

Date: May 23, 1997

Affirming Arbitration Autonomy: Courts Limited in Addressing Defenses like Laches - Glass v. Kidder, Peabody Co., Inc. Introduction Martin Glass ("Glass"), the plaintiff-appellant, filed a lawsuit...

Establishing Independent Contractor Classification under Section 530: Howard's Yellow Cabs, Inc. v. United States

Date: May 20, 1997

Establishing Independent Contractor Classification under Section 530: Howard's Yellow Cabs, Inc. v. United States Introduction The case of Howard's Yellow Cabs, Inc. v. United States (987 F. Supp....

Collateral Estoppel in Federal Bankruptcy: Upholding Virginia State Court Default Judgments

Date: May 9, 1997

Collateral Estoppel in Federal Bankruptcy: Upholding Virginia State Court Default Judgments Introduction The case of Re In re: Ahmad Ali Massoud Ansari, Debtor against Reza Pahlavi and Medina...

Voluntary Confessions in Noncustodial Interrogations: Insights from United States v. Braxton

Date: May 7, 1997

Voluntary Confessions in Noncustodial Interrogations: Insights from United States v. Braxton Introduction The case of United States of America v. James Braxton, adjudicated by the United States Court...

Access to Contact Visits for Inmates: O'Dell v. Netherland Decision

Date: May 6, 1997

Access to Contact Visits for Inmates: O'Dell v. Netherland Decision Introduction The case of Joseph R. O'Dell, III v. J.D. Netherland addresses critical issues surrounding the rights of death row...

Reaffirmation of Qualified Immunity in Child Custody Removal by Social Services

Date: May 1, 1997

Reaffirmation of Qualified Immunity in Child Custody Removal by Social Services Introduction The case of Keena White et al. v. Ruby Chambliss et al. adjudicated by the United States Court of Appeals...

Fourth Circuit Establishes Non-Applicability of PLRA In Forma Pauperis Filing Fees to Habeas Corpus Petitions in Smith v. Angelone

Date: Apr 25, 1997

Fourth Circuit Establishes Non-Applicability of PLRA In Forma Pauperis Filing Fees to Habeas Corpus Petitions in Smith v. Angelone Introduction Smith v. Angelone, 111 F.3d 1126 (4th Cir. 1997), is a...

Establishing Prima Facie Scope-of-Employment Certifications under the Westfall Act: Insights from GUTIERREZ De MARTINEZ v. LAMAGNO

Date: Apr 25, 1997

Establishing Prima Facie Scope-of-Employment Certifications under the Westfall Act: Insights from GUTIERREZ De MARTINEZ v. LAMAGNO Introduction The case of Katia Gutierrez de Martinez; Eduardo...

Miranda Violations and the "Fruit of the Poisonous Tree" Doctrine: Analysis of UNITED STATES OF AMERICA v. PATRICK ELIE

Date: Apr 25, 1997

Miranda Violations and the "Fruit of the Poisonous Tree" Doctrine: Analysis of UNITED STATES OF AMERICA v. PATRICK ELIE Introduction In United States of America v. Patrick Elie, 111 F.3d 1135 (4th...

Affirmation of Abandoning Partnership Interests in Bankruptcy: Weiss v. McGahren

Date: Apr 25, 1997

Affirmation of Abandoning Partnership Interests in Bankruptcy: Weiss v. McGahren Introduction In the case of In re C. Walter Weiss, D/B/A WM Investment, et al., the United States Court of Appeals for...

Inference of Knowledge in Currency Structuring: United States v. Beidler

Date: Apr 11, 1997

Inference of Knowledge in Currency Structuring: United States v. Beidler Introduction In the landmark case of United States of America v. Neil Roger Beidler (110 F.3d 1064), the United States Court...

Fourth Circuit Establishes Clear Guidelines on Rule 41(a)(1)(i) and Rule 12(b)(6) Interplay

Date: Apr 4, 1997

Fourth Circuit Establishes Clear Guidelines on Rule 41(a)(1)(i) and Rule 12(b)(6) Interplay Introduction The case of Finley Lines Joint Protective Board Unit 200, Brotherhood Railway Carmen, and J....

Statute of Limitations and Coordination of Benefits in Pollution Liability Claims: Dilmar Oil Co. v. Federated Mutual Insurance Company

Date: Mar 26, 1997

Statute of Limitations and Coordination of Benefits in Pollution Liability Claims: Dilmar Oil Co. v. Federated Mutual Insurance Company Introduction The case of Dilmar Oil Company, Inc. v. Federated...

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4th Circuit Case Commentaries

Application of AEDPA Standards in Habeas Corpus Petition Denial: McLee v. Angelone

Disqualification of Counsel and Suppression of Evidence in Antitrust Litigation: Analysis of Zachair, Ltd. v. Driggs et al.

Cilecek v. Inova Health System Services: Defining Employee Status Under Title VII

Affirming Arbitration Autonomy: Courts Limited in Addressing Defenses like Laches - Glass v. Kidder, Peabody Co., Inc.

Establishing Independent Contractor Classification under Section 530: Howard's Yellow Cabs, Inc. v. United States

Collateral Estoppel in Federal Bankruptcy: Upholding Virginia State Court Default Judgments

Voluntary Confessions in Noncustodial Interrogations: Insights from United States v. Braxton

Access to Contact Visits for Inmates: O'Dell v. Netherland Decision

Reaffirmation of Qualified Immunity in Child Custody Removal by Social Services

Fourth Circuit Establishes Non-Applicability of PLRA In Forma Pauperis Filing Fees to Habeas Corpus Petitions in Smith v. Angelone

Establishing Prima Facie Scope-of-Employment Certifications under the Westfall Act: Insights from GUTIERREZ De MARTINEZ v. LAMAGNO

Miranda Violations and the "Fruit of the Poisonous Tree" Doctrine: Analysis of UNITED STATES OF AMERICA v. PATRICK ELIE

Affirmation of Abandoning Partnership Interests in Bankruptcy: Weiss v. McGahren

Inference of Knowledge in Currency Structuring: United States v. Beidler

Fourth Circuit Establishes Clear Guidelines on Rule 41(a)(1)(i) and Rule 12(b)(6) Interplay

Statute of Limitations and Coordination of Benefits in Pollution Liability Claims: Dilmar Oil Co. v. Federated Mutual Insurance Company

Establishing State Education Agency Liability under IDEA: Insights from Gadsby v. Grasmick

Fourth Circuit Upholds Waiver of Appeal Rights Due to Failure to Object to Magistrate's Report

Detrick v. Panalpina: Upholding the Injury Discovery Rule for RICO Claims in the Fourth Circuit

Affirmation of the Rejection of Hybrid Counsel Representation in Singleton v. United States