4th Circuit Case Commentaries

Relation-Back Provision in EEOC Charges: Insights from EDELMAN v. LYNCHBURG COLLEGE

Date: Aug 20, 2002

Relation-Back Provision in EEOC Charges: Insights from EDELMAN v. LYNCHBURG COLLEGE Introduction Elderman v. Lynchburg College, 300 F.3d 400 (4th Cir. 2002), is a pivotal case in employment...

Descriptive Use of "U.S. Search" in Executive Recruiting Declared Unprotectable Due to Lack of Secondary Meaning

Date: Aug 17, 2002

Descriptive Use of "U.S. Search" in Executive Recruiting Declared Unprotectable Due to Lack of Secondary Meaning Introduction The case of U.S. Search, LLC v. US Search.com Incorporated delves into...

Clarifying Jurisdictional Limits in Forcible Abduction Cases: Kasi v. Angelone

Date: Aug 16, 2002

Clarifying Jurisdictional Limits in Forcible Abduction Cases: Kasi v. Angelone Introduction The case of Mir Aimal Kasi v. Ronald J. Angelone (300 F.3d 487, 4th Cir. 2002) presents a pivotal...

Da v. Randall: Refining Bystander and Supervisory Liability under § 1983

Date: Aug 15, 2002

Da v. Randall: Refining Bystander and Supervisory Liability under § 1983 Introduction Da v. Randall, decided by the United States Court of Appeals for the Fourth Circuit on August 14, 2002, addresses...

RICO and Mail Fraud Applications in Vehicle Theft: Upholding Convictions in Basem Najjar Case Post-Cleveland v. US

Date: Aug 7, 2002

RICO and Mail Fraud Applications in Vehicle Theft: Upholding Convictions in Basem Najjar Case Post-Cleveland v. US Introduction The case of United States of America v. Basem Najjar and Tri-City Auto...

Due Process Requirements for Discharging Post-Petition Student Loan Interest in Bankruptcy

Date: Aug 6, 2002

Due Process Requirements for Discharging Post-Petition Student Loan Interest in Bankruptcy Introduction The case of In re Christopher Banks; In re Diane M. Banks, Debtors, decided by the United...

Expanding the Scope of Bank Fraud: Insights from United States v. Brandon

Date: Aug 3, 2002

Expanding the Scope of Bank Fraud: Insights from United States v. Brandon Introduction The case of United States of America v. Charleszette Ardel Brandon, adjudicated by the United States Court of...

Fourth Circuit Establishes Precedent on Predicate Offenses and Apprendi in §924(c) Firearm Violations

Date: Jul 31, 2002

Fourth Circuit Establishes Precedent on Predicate Offenses and Apprendi in §924(c) Firearm Violations Introduction In the case of United States of America v. Keisha Carter et al., the United States...

Due Process and Video Conferencing: Fourth Circuit Upholds BIA's Use in Asylum Hearings

Date: Jul 23, 2002

Due Process and Video Conferencing: Fourth Circuit Upholds BIA's Use in Asylum Hearings Introduction In the case of Constantin Rusu v. U.S. Immigration Naturalization Service, decided by the United...

Establishing Liability for Negligent Misrepresentation by Professional Appraisers under South Carolina Law

Date: Jul 20, 2002

Establishing Liability for Negligent Misrepresentation by Professional Appraisers under South Carolina Law Introduction The case of Private Mortgage Investment Services, Incorporated v. Hotel and...

Substantial Evidence Standard in VE Testimony for Social Security Disability Claims: Walls v. Barnhart

Date: Jul 16, 2002

Substantial Evidence Standard in VE Testimony for Social Security Disability Claims: Walls v. Barnhart Introduction The case of Tyrone Walls v. Jo Anne B. Barnhart, Commissioner of Social Security...

Qualified Immunity Upheld in Probable Cause Arrests: The Gomez v. Atkins Decision

Date: Jul 12, 2002

Qualified Immunity Upheld in Probable Cause Arrests: The Gomez v. Atkins Decision Introduction The case of Isidro Gomez and Linda L. Gomez v. W.J. Atkins filed in the United States Court of Appeals...

Procedural Due Process in Immigration Deportation Proceedings: Smith v. Ashcroft

Date: Jul 2, 2002

Procedural Due Process in Immigration Deportation Proceedings: Smith v. Ashcroft Introduction Smith v. Ashcroft, 295 F.3d 425 (4th Cir. 2002), is a pivotal case addressing the procedural due process...

Equal Protection in Prison Cell Assignments: Deference to Penological Interests

Date: Jun 19, 2002

Equal Protection in Prison Cell Assignments: Deference to Penological Interests Introduction In the case of Daniel L. Veney v. T.V. Wyche; Darnley R. Hodge, Superintendent, adjudicated by the United...

Application of the McDonnell Douglas Framework in Reduction-in-Force Discrimination Claims: Insights from Dugan v. Albemarle County School Board

Date: Jun 18, 2002

Application of the McDonnell Douglas Framework in Reduction-in-Force Discrimination Claims: Insights from Dugan v. Albemarle County School Board Introduction The case of Linda J. Dugan v. Albemarle...

ALS Scan v. Digital Service Consultants: Establishing Limits on Personal Jurisdiction in the Internet Age

Date: Jun 15, 2002

ALS Scan v. Digital Service Consultants: Establishing Limits on Personal Jurisdiction in the Internet Age Introduction The case of ALS Scan, Incorporated v. Digital Service Consultants, Incorporated,...

Balancing Probable Cause and the Good Faith Exception: An Analysis of United States v. Bynum

Date: Jun 15, 2002

Balancing Probable Cause and the Good Faith Exception: An Analysis of United States v. Bynum Introduction United States of America v. Terrell Lamont Bynum, 293 F.3d 192 (4th Cir. 2002) is a pivotal...

Interpretation of "Possession in Furtherance" Under 18 U.S.C. §924(c): Insights from United States v. Lomax

Date: Jun 15, 2002

Interpretation of "Possession in Furtherance" Under 18 U.S.C. §924(c): Insights from United States v. Lomax Introduction In the landmark case of United States v. Clarence J. Lomax, 293 F.3d 701 (4th...

Affirming Claimants' Rights to Present Medical Limitations During Trial Work Periods in Disability Determinations: Hancock v. Barnhart

Date: Jun 8, 2002

Affirming Claimants' Rights to Present Medical Limitations During Trial Work Periods in Disability Determinations: Hancock v. Barnhart Introduction Hancock v. Barnhart is a pivotal case adjudicated...

Reaffirmation of Procedural Safeguards and Sentencing Guidelines in Drug Conspiracy Cases: United States v. Scheetz

Date: Jun 7, 2002

Reaffirmation of Procedural Safeguards and Sentencing Guidelines in Drug Conspiracy Cases: United States v. Scheetz Introduction In United States of America v. Timothy Sean Scheetz et al.,...