4th Circuit Case Commentaries

Accrual of Section 1983 Claims for Unconstitutional Arrests: Insights from Brooks v. City of Winston-Salem

Date: Jun 4, 1996

Accrual of Section 1983 Claims for Unconstitutional Arrests: Insights from Brooks v. City of Winston-Salem Introduction Brooks v. City of Winston-Salem is a significant case decided by the United...

Fourth Circuit Defines Maryland's Long-Arm Jurisdiction: O'Connell Associates Inc. Not Subject to Personal Jurisdiction

Date: May 15, 1996

Fourth Circuit Defines Maryland's Long-Arm Jurisdiction: O'Connell Associates Inc. Not Subject to Personal Jurisdiction Introduction The case of Richard D. Stover v. O'Connell Associates, Inc. (84...

Salary Equity and the Adequacy of Regression Analyses under Title VII: Smith v. Virginia Commonwealth University

Date: May 11, 1996

Salary Equity and the Adequacy of Regression Analyses under Title VII: Smith v. Virginia Commonwealth University Introduction In Smith v. Virginia Commonwealth University (84 F.3d 672, 4th Cir....

Adjudicating Intrinsic Criminal Acts and Aiding and Abetting Drug Importation: An Analysis of United States v. Chin

Date: May 1, 1996

Adjudicating Intrinsic Criminal Acts and Aiding and Abetting Drug Importation: An Analysis of United States v. Chin Introduction The case of United States of America v. Larry Chin (83 F.3d 83, 1996)...

Affirmation of Effective Counsel and Validity of Guilty Plea in Capital Murder Case: Savino v. Murray

Date: May 1, 1996

Affirmation of Effective Counsel and Validity of Guilty Plea in Capital Murder Case: Savino v. Murray Introduction Savino v. Murray is a pivotal case adjudicated by the United States Court of Appeals...

Affirming Implied Waiver and General Miranda Warnings: Analysis of United States v. Frankson

Date: Apr 30, 1996

Affirming Implied Waiver and General Miranda Warnings: Analysis of United States v. Frankson Introduction The case of United States of America v. Derrick Myran Frankson, adjudicated by the United...

Claim Preclusion in Bankruptcy: Expanding Res Judicata Principles in Varat Enterprises, Inc. v. First Union Commercial Corporation

Date: Apr 24, 1996

Claim Preclusion in Bankruptcy: Expanding Res Judicata Principles in Varat Enterprises, Inc. v. First Union Commercial Corporation Introduction The case of Varat Enterprises, Inc., a South...

Strict Standards for Civil Conspiracy and Qualified Immunity in Excessive Force Cases: An Analysis of Wilson v. City of Clarksburg

Date: Apr 18, 1996

Strict Standards for Civil Conspiracy and Qualified Immunity in Excessive Force Cases: An Analysis of Wilson v. City of Clarksburg Introduction Wilson v. City of Clarksburg is a landmark case...

Sara Lee v. Kayser-Roth: Reinforcing Trademark Protections Against Colorable Imitations

Date: Apr 18, 1996

Sara Lee v. Kayser-Roth: Reinforcing Trademark Protections Against Colorable Imitations Introduction In the landmark case Sara Lee Corporation v. Kayser-Roth Corporation, decided by the United States...

Qualified Immunity Upholding Officer's Probable Cause in §1983 Claims – Taylor v. Waters

Date: Apr 11, 1996

Qualified Immunity Upholding Officer's Probable Cause in §1983 Claims – Taylor v. Waters Introduction In the landmark case of Clarence I. Taylor, Jr. v. David K. Waters, decided by the United States...

Affirmation of Summary Judgment in Title VII Discrimination Cases: Insights from Evans v. Technologies Applications Service Company

Date: Apr 6, 1996

Affirmation of Summary Judgment in Title VII Discrimination Cases: Insights from Evans v. Technologies Applications Service Company Introduction The case of Christine Evans v. Technologies...

"Don't Ask, Don't Tell": Upholding the Constitutional Validity of Military Separation Policies

Date: Apr 6, 1996

"Don't Ask, Don't Tell": Upholding the Constitutional Validity of Military Separation Policies Introduction The case of Paul G. Thomasson, Lieutenant, United States Navy vs. William J. Perry,...

Strengthening Probable Cause Standards: Wilhelm v. United States and the Limits of the Good Faith Exception

Date: Apr 4, 1996

Strengthening Probable Cause Standards: Wilhelm v. United States and the Limits of the Good Faith Exception Introduction Wilhelm v. United States, 80 F.3d 116 (4th Cir. 1996), presents a pivotal...

Fourth Circuit Limits Treble Damages Awards under North Carolina's Unfair Trade Practices Act

Date: Apr 2, 1996

Fourth Circuit Limits Treble Damages Awards under North Carolina's Unfair Trade Practices Act Introduction In the landmark case Gilbane Building Company, Inc. et al. v. Federal Reserve Bank of...

Independent Contractor Exception Affirmed in FTCA Claims: Robb v. United States Commentary

Date: Mar 30, 1996

Independent Contractor Exception Affirmed in FTCA Claims: Robb v. United States Introduction In John G. Robb v. United States of America, 80 F.3d 884 (4th Cir. 1996), the plaintiff, John G. Robb,...

Establishing Absolute and Qualified Immunity for Government Officials in Constitutional Tort Claims

Date: Mar 20, 1996

Establishing Absolute and Qualified Immunity for Government Officials in Constitutional Tort Claims Introduction In the landmark case of Pamela Lyles; John Edmond v. Dewey Sparks et al., the United...

Distinguishing EMTALA Claims from Medical Malpractice: Insights from Vickers v. Nash General Hospital

Date: Mar 14, 1996

Distinguishing EMTALA Claims from Medical Malpractice: Insights from Vickers v. Nash General Hospital Introduction The case of Franklin D. Vickers, Executor of the Estate of Martin Wade Vickers,...

Mandatory Arbitration of Statutory Discrimination Claims in Collective Bargaining Agreements: Analysis of Austin v. Owens-Brockway Glass Container, Inc.

Date: Mar 13, 1996

Mandatory Arbitration of Statutory Discrimination Claims in Collective Bargaining Agreements: Analysis of Austin v. Owens-Brockway Glass Container, Inc. Introduction The case Linda Austin v....

Limitations of the ADA in Correctional Settings: Analyzing Pierce v. King

Date: Mar 8, 1996

Limitations of the ADA in Correctional Settings: Analyzing Pierce v. King Introduction Pierce v. King, 918 F. Supp. 932 (E.D. N.C. 1996), addresses the applicability of the Americans with...

Establishing Limits on Use of Force in Prisons: Insights from Williams v. Lieber Correctional Institution

Date: Mar 7, 1996

Establishing Limits on Use of Force in Prisons: Insights from Williams v. Lieber Correctional Institution Introduction Williams v. Lieber Correctional Institution is a landmark case decided by the...

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