4th Circuit Case Commentaries

Impeachment Evidence and Expert Testimony in 18 U.S.C.A. § 1001 Violations: Insights from United States v. Michael Barile

Date: Apr 19, 2002

Impeachment Evidence and Expert Testimony in 18 U.S.C.A. § 1001 Violations: Insights from United States v. Michael Barile Introduction United States v. Michael Barile, 286 F.3d 749 (4th Cir. 2002),...

Strict Application of Colorado River Abstention Doctrine in Parallel Litigation: Gannett Corp. v. Clark Constr.

Date: Apr 19, 2002

Strict Application of Colorado River Abstention Doctrine in Parallel Litigation: Gannett Corp. v. Clark Constr. Introduction The case of Gannett Company, Incorporated v. The Clark Construction Group,...

No Constitutionally Protected Liberty Interest in Work Release Under Virginia Law: Kitchen v. Upshaw

Date: Apr 10, 2002

No Constitutionally Protected Liberty Interest in Work Release Under Virginia Law: Kitchen v. Upshaw Introduction Ronnell Gray Kitchen brought a lawsuit against Douglas L. Upshaw, Janulyn Y. Lennon,...

Fourth Circuit Clarifies Qualified Immunity in Excessive Force Cases Against Unarmed, Mentally Ill Individuals

Date: Mar 26, 2002

Fourth Circuit Clarifies Qualified Immunity in Excessive Force Cases Against Unarmed, Mentally Ill Individuals Introduction The case of Robert Clem v. S. Corbeau, et al. adjudicated by the United...

Boundaries of Supervisory Liability and Qualified Immunity under Section 1983: Turner v. Kight

Date: Mar 26, 2002

Boundaries of Supervisory Liability and Qualified Immunity under Section 1983: Turner v. Kight Introduction Turner v. Kight is a notable case adjudicated by the United States District Court for the...

South Atlantic Ltd. v. Riese & Gibraltar: Defining Fiduciary Duties and Strengthening UTPA Enforcement in Partnership Expulsions

Date: Mar 23, 2002

South Atlantic Ltd. v. Riese & Gibraltar: Defining Fiduciary Duties and Strengthening UTPA Enforcement in Partnership Expulsions Introduction The case of South Atlantic Limited Partnership of...

Nelson-Salabes, Inc. v. Morningside Development: Clarifying Joint and Several Liability in Copyright Infringement of Architectural Plans

Date: Mar 20, 2002

Nelson-Salabes, Inc. v. Morningside Development: Clarifying Joint and Several Liability in Copyright Infringement of Architectural Plans Introduction The case of Nelson-Salabes, Incorporated (NSI) v....

Fourth Circuit Reinforces Standards for Ineffective Assistance of Counsel Claims on Advice to Testify

Date: Mar 12, 2002

Fourth Circuit Reinforces Standards for Ineffective Assistance of Counsel Claims on Advice to Testify Introduction In the landmark case of Desmond Keith Carter v. R.C. Lee, adjudicated by the United...

Equitable Mootness in Bankruptcy Reorganization: MAC Panel Co. v. Virginia Panel Corp.

Date: Mar 7, 2002

Equitable Mootness in Bankruptcy Reorganization: MAC Panel Co. v. Virginia Panel Corp. (283 F.3d 622) Introduction The case of MAC Panel Company ("MAC Panel") versus Virginia Panel Corporation...

Limiting Personal Jurisdiction in International Arbitration: Base Metal Trading v. Novokuznetsky Aluminum Factory

Date: Mar 7, 2002

Limiting Personal Jurisdiction in International Arbitration: Base Metal Trading v. Novokuznetsky Aluminum Factory Introduction The case of Base Metal Trading, Limited v. OJSC "Novokuznetsky Aluminum...

Consensual Encounters and Evidentiary Standards: Insights from Weaver v. United States

Date: Mar 1, 2002

Consensual Encounters and Evidentiary Standards: Insights from Weaver v. United States Introduction Weaver v. United States, 282 F.3d 302 (4th Cir. 2002), serves as a pivotal case in elucidating the...

Affirmation of Article III Standing Requirements in Environmental Land Acquisition: Friends for Ferrell Parkway v. FWS

Date: Mar 1, 2002

Affirmation of Article III Standing Requirements in Environmental Land Acquisition: Friends for Ferrell Parkway v. FWS Introduction The case of The Friends for Ferrell Parkway, LLC; C. Randolph...

ADA Non-Coverage of Temporary Impairments Affirmed in Pollard v. High’s of Baltimore

Date: Feb 26, 2002

ADA Non-Coverage of Temporary Impairments Affirmed in Pollard v. High’s of Baltimore Introduction In the case of Mary D. Pollard v. High's of Baltimore, Inc., the United States Court of Appeals for...

Fourth Circuit Establishes Precedent on Retaliation and Punitive Damages under Title VII

Date: Feb 26, 2002

Fourth Circuit Establishes Precedent on Retaliation and Punitive Damages under Title VII Introduction The case of Tortica Anderson v. G.D.C., Incorporated, d/b/a Unlimited Trucking, Incorporated (281...

Affirming Local Government Discretion in Land-Use Regulation Under Due Process and Equal Protection

Date: Feb 23, 2002

Affirming Local Government Discretion in Land-Use Regulation Under Due Process and Equal Protection Introduction In the case of Tri-County Paving, Incorporated v. Ashe County, heard by the United...

Clarifying Prevailing Party Standards for Attorney's Fees under 42 U.S.C. §1988 in the Fourth Circuit: Smyth v. Rivero

Date: Feb 22, 2002

Clarifying Prevailing Party Standards for Attorney's Fees under 42 U.S.C. §1988 in the Fourth Circuit: Smyth v. Rivero Introduction Smyth v. Rivero is a pivotal case decided by the United States...

Fourth Circuit Vacates Rule 11 Suspension: A Landmark Decision on Sanctions and Legal Advocacy

Date: Jan 31, 2002

Fourth Circuit Vacates Rule 11 Suspension: A Landmark Decision on Sanctions and Legal Advocacy Introduction In Pamela A. Hunter, Plaintiff-Appellant, and Fred L. Williams; Timothy Harden; Floyd Love...

Enforceability of Letters of Intent: Insights from Burbach Broadcasting Co. v. Elkins Radio Corp.

Date: Jan 26, 2002

Enforceability of Letters of Intent: Insights from Burbach Broadcasting Co. v. Elkins Radio Corp. Introduction The case of Burbach Broadcasting Company of Delaware v. Elkins Radio Corporation; Cat...

Limits of Personal Jurisdiction Over Foreign Entities: Foster v. Arletty 3 SARL

Date: Jan 26, 2002

Limits of Personal Jurisdiction Over Foreign Entities: Foster v. Arletty 3 SARL Introduction Foster v. Arletty 3 SARL, 278 F.3d 409 (4th Cir. 2002), addresses the critical issue of personal...

Enhancing Plea Agreement Transparency: Insights from United States v. Benjamin General

Date: Jan 25, 2002

Enhancing Plea Agreement Transparency: Insights from United States v. Benjamin General Introduction The case of United States of America v. Benjamin General, adjudicated by the United States Court of...