4th Circuit Case Commentaries

Affirmation of Federal Diversity Jurisdiction and Justification of Summary Judgment in Retaliatory Discharge Case

Date: Dec 24, 1996

Affirmation of Federal Diversity Jurisdiction and Justification of Summary Judgment in Retaliatory Discharge Case Introduction The case of John R. Yarnevic v. Brink's, Incorporated, adjudicated by...

Jurisdiction Termination upon Entry of Remand Order: Analysis of In re Katherine Susan Lowe

Date: Dec 18, 1996

Jurisdiction Termination upon Entry of Remand Order: Analysis of In re Katherine Susan Lowe Introduction In re Katherine Susan Lowe (102 F.3d 731, 4th Cir. 1996) addresses a critical issue concerning...

United States v. McHan: Clarifying Forfeiture Under 21 U.S.C. § 853 and Sentencing Guidelines

Date: Dec 5, 1996

United States v. McHan: Clarifying Forfeiture Under 21 U.S.C. § 853 and Sentencing Guidelines Introduction The case of United States of America v. Charles William McHan delves into critical aspects...

Tulon Co. v. Chalmers: Defining Boundaries of Religious Accommodation Under Title VII

Date: Dec 5, 1996

Tulon Co. v. Chalmers: Defining Boundaries of Religious Accommodation Under Title VII Introduction The case of Charita D. Chalmers v. Tulon Company of Richmond ("Chalmers v. Tulon") adjudicated by...

Red Cross v. HealthSouth: Affirmation of Strict ERISA Standing and Written Amendment Requirements

Date: Dec 4, 1996

Red Cross v. HealthSouth: Affirmation of Strict ERISA Standing and Written Amendment Requirements Introduction HealthSouth Rehabilitation Hospital filed a lawsuit against American National Red Cross...

Fourth Circuit Clarifies ADA 'Disability' Criteria and Reasonable Accommodation Standards

Date: Nov 28, 1996

Fourth Circuit Clarifies ADA 'Disability' Criteria and Reasonable Accommodation Standards Introduction In the landmark case of Linda Williams v. Channel Master Satellite Systems, Inc., the United...

Judicial Impartiality in Criminal Contempt Proceedings: The Necessity of an Independent Prosecutor

Date: Nov 28, 1996

Judicial Impartiality in Criminal Contempt Proceedings: The Necessity of an Independent Prosecutor Introduction The case of United States of America v. Whitt Neal (101 F.3d 993) represents a pivotal...

Qualified Immunity Upheld for Police Officer in Fourth Amendment Warrant Application: Smith v. Reddy

Date: Nov 28, 1996

Qualified Immunity Upheld for Police Officer in Fourth Amendment Warrant Application: Smith v. Reddy Introduction Smith v. Reddy is a significant case adjudicated by the United States Court of...

Eleventh Amendment Immunity Does Not Extend to County Sheriffs: Fourth Circuit Affirms Harter v. Vernon

Date: Nov 23, 1996

Eleventh Amendment Immunity Does Not Extend to County Sheriffs: Fourth Circuit Affirms Harter v. Vernon Introduction Harter v. Vernon is a seminal case decided by the United States Court of Appeals...

Federal Preemption and Expert Testimony Standards in Environmental Liability: Cavallo v. Star Enterprise

Date: Nov 21, 1996

Federal Preemption and Expert Testimony Standards in Environmental Liability: Cavallo v. Star Enterprise Introduction In Cavallo v. Star Enterprise, decided by the United States Court of Appeals for...

Procedural Default and Sixth Amendment Claims in Habeas Corpus Petitions: George v. Angelone

Date: Nov 15, 1996

Procedural Default and Sixth Amendment Claims in Habeas Corpus Petitions: George v. Angelone Introduction George v. Angelone is a pivotal case adjudicated by the United States Court of Appeals for...

Termination of Consent Decrees under the Prison Litigation Reform Act: Insights from Plyler v. Moore

Date: Nov 15, 1996

Termination of Consent Decrees under the Prison Litigation Reform Act: Insights from Plyler v. Moore Introduction Plyler v. Moore is a landmark case adjudicated by the United States Court of Appeals...

Reasonable Use of Deadly Force: Elliott v. Leavitt & Cheney Establishes Clarified Standards for Police Response

Date: Nov 9, 1996

Reasonable Use of Deadly Force: Elliott v. Leavitt & Cheney Establishes Clarified Standards for Police Response Introduction In the landmark case of Dorothy C. Elliott, Individually and as...

Fourth Circuit Upholds Representative Payee Requirement for Disability Benefits in Cases of Combined Mental Retardation and Alcohol Dependence

Date: Nov 6, 1996

Fourth Circuit Upholds Representative Payee Requirement for Disability Benefits in Cases of Combined Mental Retardation and Alcohol Dependence Introduction The case of Mary Ruth Smith v. Shirley S....

Jurisdictional Thresholds in Removal Actions: Landmark Corp. v. Apogee Coal Co. (1996)

Date: Nov 5, 1996

Jurisdictional Thresholds in Removal Actions: Landmark Corp. v. Apogee Coal Co. (1996) Introduction Landmark Corporation brought a civil action against Apogee Coal Company in the Circuit Court of...

Fourth Circuit Establishes Actionable Same-Sex Sexual Harassment under Title VII

Date: Nov 1, 1996

Fourth Circuit Establishes Actionable Same-Sex Sexual Harassment under Title VII Introduction The landmark case of Arthur Wrightson v. Pizza Hut of America, Inc. (99 F.3d 138) adjudicated by the...

Affirmation of 'Dominion and Control' Test for Determining Initial Transferee under 11 U.S.C. §550: In Re Southeast Hotel Properties Limited Partnership

Date: Nov 1, 1996

Affirmation of 'Dominion and Control' Test for Determining Initial Transferee under 11 U.S.C. §550: In Re Southeast Hotel Properties Limited Partnership Introduction The case In Re: Southeast Hotel...

Expanding Bankruptcy Courts' Powers to Prevent Abuse: Insights from Kestell v. Atkinson

Date: Nov 1, 1996

Expanding Bankruptcy Courts' Powers to Prevent Abuse: Insights from Kestell v. Atkinson Introduction In re Robert J. Kestell, Debtor vs. Janet A. Kestell is a pivotal case decided by the United...

Judicial Authority in Reviewing Jury-Determined Punitive Damages: Insights from Atlas Food Systems v. Crane National Vendors

Date: Oct 31, 1996

Judicial Authority in Reviewing Jury-Determined Punitive Damages: Insights from Atlas Food Systems v. Crane National Vendors Introduction The case of Atlas Food Systems and Services, Incorporated v....

Affirmed Authority of Bankruptcy Courts to Sell Assets Free and Clear of Coal Act Successor Liabilities

Date: Oct 30, 1996

Affirmed Authority of Bankruptcy Courts to Sell Assets Free and Clear of Coal Act Successor Liabilities Introduction The case of In Re: Leckie Smokeless Coal Company, New River Mineral Resources...

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