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  • Commentaries
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4th Circuit Case Commentaries

United States v. Loayza: Upholding Indictment Sufficiency in Ponzi Scheme Mail Fraud Convictions

United States v. Loayza: Upholding Indictment Sufficiency in Ponzi Scheme Mail Fraud Convictions

Date: Feb 26, 1997
United States v. Loayza: Upholding Indictment Sufficiency in Ponzi Scheme Mail Fraud Convictions Introduction United States of America v. Salomon S. Loayza, 107 F.3d 257 (4th Cir. 1997), is a...
Establishing Due Process in Criminal Indictments: Insights from UNITED STATES v. DORLOUIS et al.

Establishing Due Process in Criminal Indictments: Insights from UNITED STATES v. DORLOUIS et al.

Date: Feb 25, 1997
Establishing Due Process in Criminal Indictments: Insights from UNITED STATES v. DORLOUIS et al. Introduction In the landmark case of UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. PHILIPPE...
Affirmation of PLRA Filing Fee Constitutionality and Ex Post Facto Compliance in Roller v. Gunn

Affirmation of PLRA Filing Fee Constitutionality and Ex Post Facto Compliance in Roller v. Gunn

Date: Feb 20, 1997
Affirmation of PLRA Filing Fee Constitutionality and Ex Post Facto Compliance in Roller v. Gunn Introduction The case of Gary Lee Roller v. William E. Gunn addressed significant constitutional...
Explicit Allegation Required for RFRA Claims in Pro Se Inmate Litigation: Brock v. Defendants

Explicit Allegation Required for RFRA Claims in Pro Se Inmate Litigation: Brock v. Defendants

Date: Feb 20, 1997
Explicit Allegation Required for RFRA Claims in Pro Se Inmate Litigation: Brock v. Defendants Introduction Brock v. Defendants, 107 F.3d 241 (4th Cir. 1997), is a pivotal case that examines the...
Federal Resentencing Authority under 28 U.S.C. § 2255: Insights from United States v. Hillary

Federal Resentencing Authority under 28 U.S.C. § 2255: Insights from United States v. Hillary

Date: Feb 15, 1997
Federal Resentencing Authority under 28 U.S.C. § 2255: Insights from United States v. Hillary Introduction United States of America v. Mister T. Hillary, 106 F.3d 1170 (4th Cir. 1997), represents a...
Enhanced Application of the "Fruit of the Poisonous Tree" Doctrine in Criminal Proceedings

Enhanced Application of the "Fruit of the Poisonous Tree" Doctrine in Criminal Proceedings

Date: Feb 12, 1997
Enhanced Application of the "Fruit of the Poisonous Tree" Doctrine in Criminal Proceedings Introduction The case of United States of America v. Carl Sprinkle, decided by the United States Court of...
Exclusive State Court Jurisdiction under the TCPA: Analysis of International Science Technology Institute, Inc. v. Inacom Communications, Inc.

Exclusive State Court Jurisdiction under the TCPA: Analysis of International Science Technology Institute, Inc. v. Inacom Communications, Inc.

Date: Feb 12, 1997
Exclusive State Court Jurisdiction under the TCPA: Analysis of International Science Technology Institute, Inc. v. Inacom Communications, Inc. Introduction The case of International Science...
Clarifying Qualified Immunity Limits and Reinforcing Attorney-Client Privilege in Government Investigations

Clarifying Qualified Immunity Limits and Reinforcing Attorney-Client Privilege in Government Investigations

Date: Feb 7, 1997
Clarifying Qualified Immunity Limits and Reinforcing Attorney-Client Privilege in Government Investigations Introduction The case of Better Government Bureau, Incorporated v. Darrell V. McGraw, Jr.,...
Interpretation of 'Dismissal with Prejudice' in Bankruptcy Proceedings: A Comprehensive Analysis of In Re: Shirley Mae Tomlin

Interpretation of 'Dismissal with Prejudice' in Bankruptcy Proceedings: A Comprehensive Analysis of In Re: Shirley Mae Tomlin

Date: Feb 4, 1997
Interpretation of 'Dismissal with Prejudice' in Bankruptcy Proceedings: A Comprehensive Analysis of In Re: Shirley Mae Tomlin Introduction The case of In Re: Shirley Mae Tomlin examines the nuanced...
Establishing Jurisdictional Limits on Qualified Immunity Appeals: Insights from WINFIELD v. BASS

Establishing Jurisdictional Limits on Qualified Immunity Appeals: Insights from WINFIELD v. BASS

Date: Feb 1, 1997
Establishing Jurisdictional Limits on Qualified Immunity Appeals: Insights from WINFIELD v. BASS Introduction The case of Rodney WINFIELD v. BASS et al. (106 F.3d 525), adjudicated by the United...
Defining "Insured" in Uninsured Motorist Coverage: Stone v. Liberty Mutual Insurance Company

Defining "Insured" in Uninsured Motorist Coverage: Stone v. Liberty Mutual Insurance Company

Date: Jan 29, 1997
Defining "Insured" in Uninsured Motorist Coverage: Stone v. Liberty Mutual Insurance Company Introduction The case of Thomas M. Stone v. Liberty Mutual Insurance Company addresses the critical issue...
Mathews v. South Carolina: Exhaustion of State Remedies in Federal Habeas Corpus Review

Mathews v. South Carolina: Exhaustion of State Remedies in Federal Habeas Corpus Review

Date: Jan 29, 1997
Mathews v. South Carolina: Exhaustion of State Remedies in Federal Habeas Corpus Review Introduction Mathews v. South Carolina, 105 F.3d 907 (4th Cir. 1997), is a pivotal case that addresses the...
Affirmation of Trustees' Discretion in Disability Benefit Denial under ERISA: Insights from Brogan v. UMWA

Affirmation of Trustees' Discretion in Disability Benefit Denial under ERISA: Insights from Brogan v. UMWA

Date: Jan 25, 1997
Affirmation of Trustees' Discretion in Disability Benefit Denial under ERISA: Insights from Brogan v. United Mine Workers of America Introduction The case Zeffie R. Brogan v. Michael H. Holland; Paul...
United States ex rel. Berge v. University of Alabama: Affirming Materiality in the False Claims Act and Upholding Copyright Preemption

United States ex rel. Berge v. University of Alabama: Affirming Materiality in the False Claims Act and Upholding Copyright Preemption

Date: Jan 23, 1997
United States ex rel. Berge v. University of Alabama: Affirming Materiality in the False Claims Act and Upholding Copyright Preemption Introduction In the landmark case United States ex rel. Berge v....
Disability Qualification and Essential Functions Under the ADA: Analysis of EEOC v. Kinney Shoe Corp.

Disability Qualification and Essential Functions Under the ADA: Analysis of EEOC v. Kinney Shoe Corp.

Date: Jan 22, 1997
Disability Qualification and Essential Functions Under the ADA: Analysis of EEOC v. Kinney Shoe Corp. Introduction In the landmark case of EEOC v. Kinney Shoe Corporation, the United States Court of...
Affirmation of Strict Intervention Requirements in Chapter 7 Bankruptcy Proceedings: Richman v. First Woman's Bank

Affirmation of Strict Intervention Requirements in Chapter 7 Bankruptcy Proceedings: Richman v. First Woman's Bank

Date: Jan 16, 1997
Affirmation of Strict Intervention Requirements in Chapter 7 Bankruptcy Proceedings: Richman v. First Woman's Bank Introduction The case of Edward Richman and Ilene Richman v. First Woman's Bank...
Interpretation of "Carry" Under 18 U.S.C. §924(c)(1): Insights from United States v. Wayne Morris Mitchell

Interpretation of "Carry" Under 18 U.S.C. §924(c)(1): Insights from United States v. Wayne Morris Mitchell

Date: Jan 16, 1997
Interpretation of "Carry" Under 18 U.S.C. §924(c)(1): Insights from United States v. Wayne Morris Mitchell Introduction The case United States v. Wayne Morris Mitchell, 104 F.3d 649 (4th Cir. 1997),...
Jones v. Wellham et al.: Establishing Limits of Municipal Liability Under Section 1983

Jones v. Wellham et al.: Establishing Limits of Municipal Liability Under Section 1983

Date: Jan 15, 1997
Jones v. Wellham et al.: Establishing Limits of Municipal Liability Under Section 1983 Introduction In the landmark case Erin Kathleen Jones v. George W. Wellham, III; Anne Arundel County; Maxwell v....
Reaffirmation and Broad Application of the D’Oench Doctrine under FDIC Receivership

Reaffirmation and Broad Application of the D’Oench Doctrine under FDIC Receivership

Date: Jan 11, 1997
Reaffirmation and Broad Application of the D’Oench Doctrine under FDIC Receivership Introduction The case of Robert H. Young; EDX Holdings, Incorporated v. Federal Deposit Insurance Corporation...
Establishing the Limits of the "Bespeaks Caution" Doctrine in Securities Fraud: Analysis of Gasner v. Dinwiddie County

Establishing the Limits of the "Bespeaks Caution" Doctrine in Securities Fraud: Analysis of Gasner v. Dinwiddie County

Date: Jan 1, 1997
Establishing the Limits of the "Bespeaks Caution" Doctrine in Securities Fraud: Analysis of Gasner v. Dinwiddie County Introduction The case of Gasner v. Dinwiddie County, 103 F.3d 351 (4th Cir....
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