4th Circuit Case Commentaries

Fuller v. Phipps: Jury Instructions in Pretext vs. Mixed-Motive Discrimination Cases

Date: Oct 26, 1995

Fuller v. Phipps: Jury Instructions in Pretext vs. Mixed-Motive Discrimination Cases Introduction In Fuller v. Phipps, the United States Court of Appeals for the Fourth Circuit addressed pivotal...

Exclusion of Undistributed IRA Funds from Disposable Income in Chapter 13 Bankruptcy: In re Neil Solomon

Date: Oct 24, 1995

Exclusion of Undistributed IRA Funds from Disposable Income in Chapter 13 Bankruptcy: In re Neil Solomon Introduction The case In re: Neil Solomon, M.D., Debtor addresses a pivotal issue in...

Bailey v. Chater: Enhanced Scrutiny on Disability Onset Determinations under SSR 83-20

Date: Oct 19, 1995

Bailey v. Chater: Enhanced Scrutiny on Disability Onset Determinations under SSR 83-20 Introduction Bailey v. Chater, 68 F.3d 75 (4th Cir. 1995), addresses critical issues surrounding the...

Bailey v. Blue Cross Blue Shield of Virginia: Affirmation of Coverage for High Dose Chemotherapy under ERISA

Date: Oct 12, 1995

Bailey v. Blue Cross Blue Shield of Virginia: Affirmation of Coverage for High Dose Chemotherapy under ERISA Introduction In the landmark case of Mary Bailey v. Blue Cross Blue Shield of Virginia,...

Negligent Failure to Warn: Benedí v. McNeil Establishes Critical Standards for Pharmaceutical Liability

Date: Oct 11, 1995

Negligent Failure to Warn: Benedí v. McNeil Establishes Critical Standards for Pharmaceutical Liability Introduction The case Antonio Benedi v. McNeil-P.P.C., Incorporated, 66 F.3d 1378 (4th Cir....

Procedural Default and Ineffective Assistance of Counsel in Habeas Corpus: The Kornahrens v. South Carolina Decision

Date: Oct 4, 1995

Procedural Default and Ineffective Assistance of Counsel in Habeas Corpus: The Kornahrens v. South Carolina Decision Introduction Kornahrens v. South Carolina is a pivotal case adjudicated by the...

Spicer v. Virginia Department of Corrections: Establishing Employer Liability Standards for Sexual Harassment and Retaliation under Title VII

Date: Oct 3, 1995

Spicer v. Virginia Department of Corrections: Establishing Employer Liability Standards for Sexual Harassment and Retaliation under Title VII Introduction In the landmark case of PEGGY M. SPICER v....

Reversing the Defense: After-Acquired Evidence in Employment Discrimination Claims

Date: Sep 29, 1995

Reversing the Defense: After-Acquired Evidence in Employment Discrimination Claims Introduction The case of Marie B. Russell v. Microdyne Corporation addresses a critical intersection between...

CERCLA Liability of Public Treatment Works: Westfarm Associates Ltd. Partnership v. WSSC

Date: Sep 28, 1995

Imposition of CERCLA Liability on Publicly Owned Treatment Works: The Westfarm Associates Ltd. Partnership v. Washington Suburban Sanitary Commission Decision Introduction In the landmark case of...

Functional Capacity Supersedes Job Existence in Step Four Disability Determinations – Pass v. Chater

Date: Sep 26, 1995

Functional Capacity Supersedes Job Existence in Step Four Disability Determinations Introduction Pass v. Chater is a pivotal case decided by the United States Court of Appeals for the Fourth Circuit...

Application of the Speedy Trial Act in Absence of a Not-Guilty Plea: United States v. Tootle

Date: Sep 22, 1995

Application of the Speedy Trial Act in Absence of a Not-Guilty Plea: United States v. Tootle Introduction United States of America v. John Wesley Tootle, Jr., 65 F.3d 381 (4th Cir. 1995), is a...

Impact of Temporary Takings on Just Compensation: Analysis of United States v. Banisadr Building Joint Venture

Date: Sep 21, 1995

Impact of Temporary Takings on Just Compensation: Analysis of United States v. Banisadr Building Joint Venture Introduction The case of United States of America v. Banisadr Building Joint Venture,...

Affirmation of Anti-Injunction Act and Younger Abstention Doctrine in ERISA Framework: ERM v. SCC

Date: Sep 20, 1995

Affirmation of Anti-Injunction Act and Younger Abstention Doctrine in ERISA Framework: ERM v. SCC Introduction The case of Employers Resource Management Company, Incorporated; American Employers...

Fourth Circuit Affirms Non-Dischargeability Under 11 U.S.C. §523(a)(6) for Willful and Malicious Injury

Date: Sep 19, 1995

Fourth Circuit Affirms Non-Dischargeability Under 11 U.S.C. §523(a)(6) for Willful and Malicious Injury Introduction In the landmark case of First National Bank of Maryland v. Carroll Dwight Stanley...

Interpreting Miranda Rights During Terry Stops and Affirming Drug Act's Commerce Clause Authority: United States v. Leshuk

Date: Sep 19, 1995

Interpreting Miranda Rights During Terry Stops and Affirming Drug Act's Commerce Clause Authority: United States v. Leshuk Introduction United States of America v. Steve Leshuk, 65 F.3d 1105 (4th...

Relaxed Capacity Pleading Requirements in §1983 Actions: Insights from Biggs v. Meadows

Date: Sep 19, 1995

Relaxed Capacity Pleading Requirements in §1983 Actions: Insights from Biggs v. Meadows Introduction The case of Robert Biggs v. William C. Meadows et al. (66 F.3d 56, Fourth Circuit, 1995) addresses...

Affirmation of Monell: Municipal Liability Limits in Anti-Union Promotional Decisions

Date: Sep 19, 1995

Affirmation of Monell: Municipal Liability Limits in Anti-Union Promotional Decisions Introduction The case of Greensboro Professional Fire Fighters Association, Local 3157; Steven B. Zimmerman,...

Affirming the Gatekeeping Role: Nasim v. Warden and the Application of 28 U.S.C. §1915(d) in In Forma Pauperis Prisoner Litigation

Date: Sep 16, 1995

Affirming the Gatekeeping Role: Nasim v. Warden and the Application of 28 U.S.C. §1915(d) in In Forma Pauperis Prisoner Litigation Introduction Nasim v. Warden, Maryland House of Correction, 64 F.3d...

Fourth Amendment Protection Against Unauthorized Private Searches During Warrant Execution

Date: Sep 13, 1995

Fourth Amendment Protection Against Unauthorized Private Searches During Warrant Execution Introduction The case of Daniel G. Buonocore v. Donald L. Harris represents a significant judicial...

Redefining 'Developer' under the Interstate Land Sales Full Disclosure Act: The Fourth Circuit's Affirmation in HUD v. Cost Control Marketing

Date: Sep 9, 1995

Redefining 'Developer' under the Interstate Land Sales Full Disclosure Act: The Fourth Circuit's Affirmation in HUD v. Cost Control Marketing Introduction In the landmark case of U.S. Department of...

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