4th Circuit Case Commentaries

Fourth Circuit Restricts Delegation of Authority for Restitution and Fine Determinations and Modifies Counterfeiting Sentencing Enhancements

Date: Mar 7, 1996

Fourth Circuit Restricts Delegation of Authority for Restitution and Fine Determinations and Modifies Counterfeiting Sentencing Enhancements Introduction The case of United States of America v. James...

Same-Gender Sexual Harassment Actionability Under Title VII: Insights from Hopkins v. Baltimore Gas Electric Co.

Date: Mar 6, 1996

Same-Gender Sexual Harassment Actionability Under Title VII: Insights from Hopkins v. Baltimore Gas Electric Co. Introduction Hopkins v. Baltimore Gas Electric Company is a pivotal case adjudicated...

Enforcement of Arbitration Awards Must Conform to Collective Bargaining Agreements: Mountaineer Gas Co. v. OCAW

Date: Feb 27, 1996

Enforcement of Arbitration Awards Must Conform to Collective Bargaining Agreements Introduction The case of Mountaineer Gas Company v. Oil, Chemical Atomic Workers International Union represents a...

Towler v. Sayles: Affirming the Need for Sufficient Evidence of Access and Substantial Similarity in Copyright Infringement Claims

Date: Feb 24, 1996

Towler v. Sayles: Affirming the Need for Sufficient Evidence of Access and Substantial Similarity in Copyright Infringement Claims Introduction Towler v. Sayles is a seminal case adjudicated by the...

Evaluation of Subjective Pain Claims in Disability Determinations: Insights from Ronda S. Craig v. Chater

Date: Feb 24, 1996

Evaluation of Subjective Pain Claims in Disability Determinations: Insights from Ronda S. Craig v. Chater 1. Introduction Ronda S. Craig v. Shirley S. Chater, 76 F.3d 585 (4th Cir. 1996), is a...

Strict Adherence to Appellate Deadlines: The Thompson v. DuPont Decision

Date: Feb 8, 1996

Strict Adherence to Appellate Deadlines: The Thompson v. DuPont Decision Introduction In the case of Wilma J. Thompson v. E.I. DuPont de Nemours Co., adjudicated by the United States Court of Appeals...

Defining the Boundaries of 'Search Incident to Arrest': Insights from United States v. Eldon Han

Date: Feb 6, 1996

Defining the Boundaries of 'Search Incident to Arrest': Insights from United States v. Eldon Han Introduction United States of America v. Eldon Han, 74 F.3d 537 (4th Cir. 1996), presents a pivotal...

Reversing Ineffective Assistance of Counsel: McNamara v. United States

Date: Feb 3, 1996

Reversing Ineffective Assistance of Counsel: McNamara v. United States Introduction United States of America v. Warren Harding McNamara, Jr. is a pivotal case adjudicated by the United States Court...

Application of Updated Sentencing Guidelines for Marijuana Cultivation: United States v. Arthur Fletcher

Date: Jan 30, 1996

Application of Updated Sentencing Guidelines for Marijuana Cultivation: United States v. Arthur Fletcher Introduction The case of United States of America v. Arthur Fletcher, decided by the United...

Double Jeopardy Protections Reinforced in GILLIAM v. FOSTER

Date: Jan 30, 1996

Double Jeopardy Protections Reinforced in GILLIAM v. FOSTER Introduction In the landmark case of GILLIAM v. FOSTER (75 F.3d 881, 1996), the United States Court of Appeals for the Fourth Circuit...

Affirming Dismissal under 28 U.S.C. § 1915(d) for Litigious Prisoner Complaints: The Fourth Circuit's Approach

Date: Jan 27, 1996

Affirming Dismissal under 28 U.S.C. § 1915(d) for Litigious Prisoner Complaints: The Fourth Circuit's Approach Introduction The case of Dennis Wayne Cochran v. E. C. Morris et al. presents a...

Ratification of Voidable Retirement Agreements Affirms Waiver of ADEA Claims: Blistein v. St. John's College

Date: Jan 27, 1996

Ratification of Voidable Retirement Agreements Affirms Waiver of ADEA Claims: Blistein v. St. John's College Introduction In Burton Blistein v. St. John's College, 74 F.3d 1459 (4th Cir. 1996), the...

State Parole Eligibility Discretion Upheld: Vann v. Angelone

Date: Jan 10, 1996

State Parole Eligibility Discretion Upheld: Vann v. Angelone Introduction The case of Anthony Leon Vann v. Ronald Angelone, adjudicated by the United States Court of Appeals for the Fourth Circuit in...

Fourth Circuit Establishes Limits on Appeal Waivers for Restitution Orders under VWPA

Date: Dec 23, 1995

Fourth Circuit Establishes Limits on Appeal Waivers for Restitution Orders under VWPA Introduction In the landmark case of United States of America v. Josephine L. Broughton-Jones, decided by the...

Strategic Trial Concessions and the Strickland Standard: Analyzing Bell v. South Carolina

Date: Dec 19, 1995

Strategic Trial Concessions and the Strickland Standard: Analyzing Bell v. South Carolina Introduction Bell v. South Carolina, 72 F.3d 421 (1995), is a pivotal case adjudicated by the United States...

Deliberate Indifference in Prisoner Welfare: An Analysis of ANSAARI SHAKKA v. SMITH

Date: Dec 13, 1995

Deliberate Indifference in Prisoner Welfare: An Analysis of ANSAARI SHAKKA v. SMITH Introduction In the landmark case of Ansaari Shakka v. Sewall Smith, the United States Court of Appeals for the...

Jury Trials in Combined Admiralty and Law Claims: Insights from Vodusek v. Bayliner Marine Corp

Date: Dec 7, 1995

Jury Trials in Combined Admiralty and Law Claims: Insights from Vodusek v. Bayliner Marine Corp Introduction Shirley Vodusek, Individually and as Personal Representative of the Estate of Donald E....

Bernstein v. CapitalCare: Establishing Modified Abuse of Discretion Standard in ERISA Benefit Denials

Date: Dec 5, 1995

Bernstein v. CapitalCare: Establishing Modified Abuse of Discretion Standard in ERISA Benefit Denials Introduction The case Philip Bernstein v. CapitalCare, Incorporated is a pivotal decision from...

Establishing the Affirmative Acts Standard for Fraudulent Concealment in Antitrust Litigation: Insights from Supermarket of Marlinton v. Meadow Gold Dairies

Date: Dec 2, 1995

Establishing the Affirmative Acts Standard for Fraudulent Concealment in Antitrust Litigation: Insights from Supermarket of Marlinton v. Meadow Gold Dairies Introduction The case of Supermarket of...

Enhancements Under Sentencing Guidelines Not Subject to 28 U.S.C. §851(a)(1) Requirements

Date: Nov 1, 1995

Enhancements Under Sentencing Guidelines Not Subject to 28 U.S.C. §851(a)(1) Requirements Introduction The case of United States of America v. Lesepth M. Foster, 68 F.3d 86 (4th Cir. 1995), serves as...

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