4th Circuit Case Commentaries

Establishing Bad Faith Intent in Cybersquatting: Virtual Works v. Volkswagen

Date: Jan 23, 2001

Establishing Bad Faith Intent in Cybersquatting: Virtual Works v. Volkswagen Introduction The case of Virtual Works, Incorporated v. Volkswagen of America, Incorporated, adjudicated by the United...

Enforceability of Fee-Splitting Provisions in Mandatory Arbitration: Insights from Bradford v. Rockwell Semiconductor Systems

Date: Jan 23, 2001

Enforceability of Fee-Splitting Provisions in Mandatory Arbitration: Insights from Bradford v. Rockwell Semiconductor Systems Introduction The case of John Bruce Bradford v. Rockwell Semiconductor...

Griggs v. DuPont: Clarifying ERISA Fiduciary Duties and Equitable Remedies

Date: Jan 10, 2001

Griggs v. DuPont: Clarifying ERISA Fiduciary Duties and Equitable Remedies Introduction Griggs v. E.I. DuPont de Nemours Company (237 F.3d 371, 4th Cir. 2001) is a significant judicial decision that...

Assessing Disability under the ADA: Insights from EEOC v. Sara Lee Corporation

Date: Jan 10, 2001

Assessing Disability under the ADA: Insights from EEOC v. Sara Lee Corporation Introduction The case of Equal Employment Opportunity Commission (EEOC) v. Sara Lee Corporation, adjudicated by the...

Affirming Clearly Established Fourth Amendment Rights in Sexually Intrusive Searches: Amaechi v. West

Date: Jan 10, 2001

Affirming Clearly Established Fourth Amendment Rights in Sexually Intrusive Searches: Amaechi v. West Introduction In Amaechi v. West, the United States Court of Appeals for the Fourth Circuit...

Ernest Sutton BELL v. JARVIS: Upholding State Court Deference on Sixth Amendment Public Trial Claims under AEDPA

Date: Dec 30, 2000

Ernest Sutton BELL v. JARVIS: Upholding State Court Deference on Sixth Amendment Public Trial Claims under AEDPA Introduction Ernest Sutton Bell v. Mack Jarvis; Robert Smith, 236 F.3d 149 (4th Cir....

Frye v. Lee: Upholding Standards for Effective Counsel and Jury Instruction Clarity in Death Penalty Cases

Date: Dec 23, 2000

Frye v. Lee: Upholding Standards for Effective Counsel and Jury Instruction Clarity in Death Penalty Cases Introduction Frye v. Lee, adjudicated by the United States Court of Appeals for the Fourth...

Enforcement of Plea Agreement Conditions and Prosecutorial Discretion Under §5K1.1: United States v. Snow

Date: Dec 8, 2000

Enforcement of Plea Agreement Conditions and Prosecutorial Discretion Under §5K1.1: United States v. Snow Introduction In United States v. Glen Scott Snow, 234 F.3d 187 (4th Cir. 2000), the United...

Reeves Precedent Applied: Affirmation of Summary Judgment in Employment Discrimination Case

Date: Dec 2, 2000

Reeves Precedent Applied: Affirmation of Summary Judgment in Employment Discrimination Case Introduction The case of Gary L. Rowe v. The Marley Company addresses significant issues surrounding...

Enforceability of Express and Unconditional Appeal Waivers in Plea Agreements: The Brown Decision

Date: Nov 17, 2000

Enforceability of Express and Unconditional Appeal Waivers in Plea Agreements: The Brown Decision Introduction In the case of United States of America v. Willie Edward Brown, decided by the United...

Ineffective Assistance of Counsel in Filing Appeals: Insights from Witherspoon v. United States

Date: Nov 7, 2000

Ineffective Assistance of Counsel in Filing Appeals: Insights from Witherspoon v. United States Introduction United States of America v. Roderick Tyronda Witherspoon, 231 F.3d 923 (4th Cir. 2000), is...

Expanding the Scope of Bank Fraud: Active Concealment Without Independent Disclosure Duty

Date: Nov 4, 2000

Expanding the Scope of Bank Fraud: Active Concealment Without Independent Disclosure Duty Introduction In the landmark case United States of America v. Daniel I. Colton (231 F.3d 890, 4th Cir. 2000),...

Limitation of 'Related To' Jurisdiction in Civil Actions: Insights from New Horizon of NY LLC v. Jacobs et al.

Date: Nov 3, 2000

Limitation of 'Related To' Jurisdiction in Civil Actions: Insights from New Horizon of NY LLC v. Jacobs et al. Introduction The case of New Horizon of NY LLC, Plaintiff-Appellee, v. Robert Jacobs;...

Admissibility of Expert Testimony and Business Records in Insurance Litigation: Sinkovich v. Certain Underwriters at Lloyd's, London

Date: Nov 3, 2000

Admissibility of Expert Testimony and Business Records in Insurance Litigation: Sinkovich v. Certain Underwriters at Lloyd's, London Introduction The case of Certain Underwriters at Lloyd's, London...

Timeliness of Habeas Corpus Petitions Under AEDPA: Insights from Minter v. Beck

Date: Oct 21, 2000

Timeliness of Habeas Corpus Petitions Under AEDPA: Insights from Minter v. Beck Introduction Minter v. Beck, decided by the United States Court of Appeals for the Fourth Circuit on October 20, 2000,...

Predominant In-State Contract Performance Limits Personal Jurisdiction: Diamond Healthcare v. HMH Partners

Date: Oct 6, 2000

Predominant In-State Contract Performance Limits Personal Jurisdiction: Diamond Healthcare v. HMH Partners Introduction The case of Diamond Healthcare of Ohio, Incorporated v. Humility of Mary Health...

Reaffirming Trademark Abandonment Standards: E-One Inc. v. AFE

Date: Sep 29, 2000

Reaffirming Trademark Abandonment Standards: E-One Inc. v. AFE Introduction The case of Emergency One, Incorporated d/b/a American Eagle Fire Apparatus Company, Inc. (E-One) v. American FireEagle,...

Enhanced Protection Against Unlawful Searches During Police-Citizen Encounters: United States v. Burton

Date: Sep 28, 2000

Enhanced Protection Against Unlawful Searches During Police-Citizen Encounters: United States v. Burton Introduction United States of America v. Kenneth Burton, 228 F.3d 524 (4th Cir. 2000), is a...

Feder v. Paul Revere Life Insurance Co.: Refining Standards of Review for ERISA Disability Benefits

Date: Sep 22, 2000

Feder v. Paul Revere Life Insurance Co.: Refining Standards of Review for ERISA Disability Benefits Introduction Feder v. Paul Revere Life Insurance Co. is a pivotal case adjudicated by the United...

Affirmation of Summary Judgment Reinforces Strict Criteria for Municipal Liability under 42 U.S.C. § 1983

Date: Sep 22, 2000

Affirmation of Summary Judgment Reinforces Strict Criteria for Municipal Liability under 42 U.S.C. § 1983 Introduction The case of Kathryn Riddick et al. v. School Board of the City of Portsmouth...