4th Circuit Case Commentaries

ERISA Fiduciary Standing and Non-Preempted State Malpractice Claims: Insights from Coyne Delany Co. v. Selman

Date: Oct 26, 1996

ERISA Fiduciary Standing and Non-Preempted State Malpractice Claims: Insights from Coyne Delany Co. v. Selman Introduction Coyne Delany Company, Plaintiff-Appellant v. Joe B. Selman, d/b/a Benefits...

Affirmation of Firearm Seizure Under Plain View Doctrine and Constitutionality of 18 U.S.C. § 922(g)

Date: Oct 26, 1996

Affirmation of Firearm Seizure Under Plain View Doctrine and Constitutionality of 18 U.S.C. § 922(g) Introduction In the case United States of America v. Kevin Michael Wells, the United States Court...

Establishing Federal-Question Jurisdiction in Emission Allowance Proprietary Disputes: Ormet Corp. v. Ohio Power Co.

Date: Oct 24, 1996

Establishing Federal-Question Jurisdiction in Emission Allowance Proprietary Disputes: Ormet Corp. v. Ohio Power Co. Introduction The case of Ormet Corporation v. Ohio Power Company et al. presents a...

Affirmation of Modification Standards for Prison Consent Decrees: Small v. Hunt

Date: Oct 17, 1996

Affirmation of Modification Standards for Prison Consent Decrees: Small v. Hunt Introduction Small v. Hunt is a pivotal case adjudicated by the United States Court of Appeals for the Fourth Circuit...

Environmental Technology Council v. South Carolina: Commerce Clause Precedent Established

Date: Oct 16, 1996

Environmental Technology Council v. South Carolina: Commerce Clause Precedent Established Introduction Environmental Technology Council, formerly known as the Hazardous Waste Treatment Council (ETC),...

Enhancing Consumer Protections: The NFS v. United States Judgment on Debt Collection Practices

Date: Oct 12, 1996

Enhancing Consumer Protections: The NFS v. United States Judgment on Debt Collection Practices Introduction The case of United States of America v. National Financial Services, Inc. notably addresses...

Rigorous Standards for Selective Prosecution Claims: Analysis of United States v. Olvis

Date: Oct 12, 1996

Rigorous Standards for Selective Prosecution Claims: Analysis of United States v. Olvis Introduction The case of United States of America v. Anthony L. Olvis and Angela D. Palmer, reported in 97 F.3d...

Fourth Circuit Clarifies Pretext Standards in ADEA Demotion Claims

Date: Sep 24, 1996

Fourth Circuit Clarifies Pretext Standards in ADEA Demotion Claims Introduction The case of Frances D. Burns v. AAF-McQuay, Incorporated addresses significant aspects of age discrimination law under...

Employment Agreement Terms Govern FLSA Straight Time Claims: Chesterfield County v. Monahan et al.

Date: Sep 18, 1996

Employment Agreement Terms Govern FLSA Straight Time Claims: Chesterfield County v. Monahan et al. 1. Introduction In the landmark case of Brian F. Monahan et al. v. County of Chesterfield, Virginia...

Nonretroactive Application of New Teague Rules: O'Dell’s Challenge to Parole Ineligibility Rejected in Fourth Circuit

Date: Sep 11, 1996

Nonretroactive Application of New Teague Rules: O'Dell’s Challenge to Parole Ineligibility Rejected in Fourth Circuit Introduction In the landmark case of Joseph Roger O'Dell, III,...

Randall v. United States: Affirmation of Non-Jurisdiction Under Title VII and Due Process Limitations in Military Promotion

Date: Sep 11, 1996

Randall v. United States: Affirmation of Non-Jurisdiction Under Title VII and Due Process Limitations in Military Promotion Introduction In the case of Randall v. United States, decided by the United...

Enhancing RICO Litigation: Reliance and Proximate Cause in Civil Actions

Date: Sep 11, 1996

Enhancing RICO Litigation: Reliance and Proximate Cause in Civil Actions Introduction The case of Chisolm et al. v. TransSouth Financial Corporation et al. (95 F.3d 331) adjudicated by the United...

Respondeat Superior and Employee Intoxication: Clarifying Scope of Employment Standards in the Fourth Circuit

Date: Sep 11, 1996

Respondeat Superior and Employee Intoxication: Clarifying Scope of Employment Standards in the Fourth Circuit Introduction The case of Catherine McNair v. Lend Lease Trucks, Inc. serves as a pivotal...

Broad Scope Arbitration Clauses Under the Federal Arbitration Act: Analyzing ARC v. CTI

Date: Sep 4, 1996

Broad Scope Arbitration Clauses Under the Federal Arbitration Act: Analyzing ARC v. CTI Introduction American Recovery Corporation (ARC) brought a lawsuit against Computerized Thermal Imaging,...

Enforcement of Forum Selection and Choice of Law Clauses in International Securities Disputes: Analysis of the Fourth Circuit’s Decision in Names v. Lloyd's of London

Date: Sep 4, 1996

Enforcement of Forum Selection and Choice of Law Clauses in International Securities Disputes: Analysis of the Fourth Circuit’s Decision in Names v. Lloyd's of London Introduction The case of Names...

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4th Circuit Case Commentaries

ERISA Fiduciary Standing and Non-Preempted State Malpractice Claims: Insights from Coyne Delany Co. v. Selman

Affirmation of Firearm Seizure Under Plain View Doctrine and Constitutionality of 18 U.S.C. § 922(g)

Establishing Federal-Question Jurisdiction in Emission Allowance Proprietary Disputes: Ormet Corp. v. Ohio Power Co.

Affirmation of Modification Standards for Prison Consent Decrees: Small v. Hunt

Environmental Technology Council v. South Carolina: Commerce Clause Precedent Established

Enhancing Consumer Protections: The NFS v. United States Judgment on Debt Collection Practices

Rigorous Standards for Selective Prosecution Claims: Analysis of United States v. Olvis

Fourth Circuit Clarifies Pretext Standards in ADEA Demotion Claims

Employment Agreement Terms Govern FLSA Straight Time Claims: Chesterfield County v. Monahan et al.

Nonretroactive Application of New Teague Rules: O'Dell’s Challenge to Parole Ineligibility Rejected in Fourth Circuit

Randall v. United States: Affirmation of Non-Jurisdiction Under Title VII and Due Process Limitations in Military Promotion

Enhancing RICO Litigation: Reliance and Proximate Cause in Civil Actions

Respondeat Superior and Employee Intoxication: Clarifying Scope of Employment Standards in the Fourth Circuit

Broad Scope Arbitration Clauses Under the Federal Arbitration Act: Analyzing ARC v. CTI

Enforcement of Forum Selection and Choice of Law Clauses in International Securities Disputes: Analysis of the Fourth Circuit’s Decision in Names v. Lloyd's of London

Assessing Emotional Distress Claims in Section 1983 Equal Protection Cases: Price v. City of Charlotte Decision

Elmco v. Second National Federal Savings: Upholding Due Process in FIRREA Claims Administration

Jones v. Angelone: Upholding the Requirement of Actual Prejudice for Due Process Claims in Preindictment Delays

Affirmation of Executive Authority in Security Clearance Matters: Becerra v. Dalton

Affirmation of Bank's Security Interest in Jointly Held Stocks: Winters v. George Mason Bank