4th Circuit Case Commentaries

Columbus-America Discovery Group v. Atlantic Mutual Insurance Company: Salvage Rights and Proprietary Interests in Maritime Law

Date: Jun 15, 1995

Columbus-America Discovery Group v. Atlantic Mutual Insurance Company: Salvage Rights and Proprietary Interests in Maritime Law Introduction The case of Columbus-America Discovery Group v. Atlantic...

Affirmation of Final Arbitration Order Under FAA and Proper Procedural Handling of Post-Judgment Motions

Date: Jun 14, 1995

Affirmation of Final Arbitration Order Under FAA and Proper Procedural Handling of Post-Judgment Motions Introduction The case CNF Constructors, Incorporated v. Donohoe Construction Company (57 F.3d...

Establishing Standards for Discrimination Claims in Tenure Decisions: Jiminez v. Mary Washington College

Date: Jun 10, 1995

Establishing Standards for Discrimination Claims in Tenure Decisions: Jiminez v. Mary Washington College Introduction In the landmark case of Anthony E. Jiminez v. Mary Washington College, the United...

Affirmation of Abuse of Discretion Standard in ERISA Benefit Denials

Date: Jun 8, 1995

Affirmation of Abuse of Discretion Standard in ERISA Benefit Denials Introduction In the case of Wilbert Marcum v. Zimmer, et al. (887 F. Supp. 891), adjudicated by the United States District Court...

SSCRA Tolling of FTCA Statute of Limitations: Insights from Kerstetter v. United States

Date: Jun 8, 1995

SSCRA Tolling of FTCA Statute of Limitations: Insights from Kerstetter v. United States Introduction Kenneth Kerstetter; Pamela Kerstetter; Elizabeth Kerstetter v. United States of America is a...

Affirmation of Discretion in Awarding Attorney’s Fees under 42 U.S.C. §1988: Trimper v. City of Norfolk

Date: Jun 8, 1995

Affirmation of Discretion in Awarding Attorney’s Fees under 42 U.S.C. §1988: Trimper v. City of Norfolk Introduction In the case of Karen Trimper v. City of Norfolk, Virginia, adjudicated by the...

Balanced Allen Charge Mandate Established in United States v. Burgos

Date: Jun 2, 1995

Balanced Allen Charge Mandate Established in United States v. Burgos Introduction In the landmark case United States of America v. Antonio Luis Burgos, the United States Court of Appeals for the...

Establishing Proper Comparator and Prima Facie Case under the Equal Pay Act: Strag v. Craven Community College

Date: Jun 2, 1995

Establishing Proper Comparator and Prima Facie Case under the Equal Pay Act: Strag v. Craven Community College Introduction The case of Thurza Strag v. Board of Trustees, Craven Community College (55...

Rejection of "Manufactured Venue" and Upholding Posse Comitatus Act Compliance in Federal Conspiracy Stings

Date: May 31, 1995

Rejection of "Manufactured Venue" and Upholding Posse Comitatus Act Compliance in Federal Conspiracy Stings Introduction The case of United States of America v. Mohamed Basher Al-Talib and Hector R....

PINDER v. JOHNSON: Affirming Qualified Immunity in Lack of Affirmative Duty to Protect

Date: May 31, 1995

PINDER v. JOHNSON: Affirming Qualified Immunity in Lack of Affirmative Duty to Protect Introduction PINDER v. JOHNSON is a landmark decision by the United States Court of Appeals for the Fourth...

Turner v. Warden: Establishing Limits on Habeas Corpus for Eighth Amendment Claims of Prolonged Death Row Confinement

Date: May 25, 1995

Turner v. Warden: Establishing Limits on Habeas Corpus for Eighth Amendment Claims of Prolonged Death Row Confinement Introduction Turner v. Warden, 58 F.3d 924 (4th Cir. 1995), addresses the...

Employer Corrective Actions and Liability in Racial Discrimination Cases: Lathan Dennis v. County of Fairfax

Date: May 25, 1995

Employer Corrective Actions and Liability in Racial Discrimination Cases: Lathan Dennis v. County of Fairfax Introduction The case of Lathan Dennis v. County of Fairfax examines the intricacies of...

Affirming the Conviction: Fourth Circuit's Ruling on Speedy Trial Rights in United States v. Jerome Thomas

Date: May 24, 1995

Affirming the Conviction: Fourth Circuit's Ruling on Speedy Trial Rights in United States v. Jerome Thomas Introduction In United States of America v. Jerome Thomas, 55 F.3d 144 (4th Cir. 1995), the...

Affirmation of McDonnell Douglas Framework Applicability to ADA Claims in Ennis v. NABER

Date: May 16, 1995

Affirmation of McDonnell Douglas Framework Applicability to ADA Claims in Ennis v. NABER Introduction Joan M. Ennis v. The National Association of Business and Educational Radio, Incorporated (NABER)...

Protection of Property Interests in Public Employment: Garraghty v. Commonwealth of Virginia

Date: May 10, 1995

Protection of Property Interests in Public Employment: Garraghty v. Commonwealth of Virginia Introduction Garraghty v. Commonwealth of Virginia is a pivotal case decided by the United States Court of...

Reevaluation of Competency Standards under 18 U.S.C. § 4241: United States v. Mason

Date: May 10, 1995

Reevaluation of Competency Standards under 18 U.S.C. § 4241: United States v. Mason Introduction United States of America v. Paul Eugene Mason is a pivotal case adjudicated by the United States Court...

Advisory Nature of Chapter 7 Policy Statements in Supervised Release Revocations: Davis v. United States

Date: May 9, 1995

Advisory Nature of Chapter 7 Policy Statements in Supervised Release Revocations: Davis v. United States Introduction United States of America v. Harold Davis is a pivotal case decided by the United...

Navistar v. Hathcock: Affirming the Necessity of Judicial Neutrality and Procedural Safeguards in Discovery Sanctions

Date: May 5, 1995

Navistar v. Hathcock: Affirming the Necessity of Judicial Neutrality and Procedural Safeguards in Discovery Sanctions Introduction The case of Michael Hathcock and Sandy Hathcock v. Navistar...

Discretion in Awarding Attorney's Fees Under the FDCPA: CARROLL v. WOLPOFF ABRAMSON

Date: May 5, 1995

Discretion in Awarding Attorney's Fees Under the FDCPA: CARROLL v. WOLPOFF ABRAMSON Introduction The case of Susan J. CARROLL v. WOLPOFF ABRAMSON, adjudicated by the United States Court of Appeals...

Enhancing RICO Enforcement: Affirmation of Drug Conspiracy and Associated Proceedings in United States v. Hoyte et al.

Date: Apr 22, 1995

Enhancing RICO Enforcement: Affirmation of Drug Conspiracy and Associated Proceedings in United States v. Hoyte et al. United States Court of Appeals, Fourth Circuit, 1995 Introduction United States...

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