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  • Commentaries
  • Judgments

4th Circuit Case Commentaries

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

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...
Negligent Denial of Court Access by Prison Officials: Pink v. Lester & Gurney Affirms DANIELS v. WILLIAMS Under §1983

Negligent Denial of Court Access by Prison Officials: Pink v. Lester & Gurney Affirms DANIELS v. WILLIAMS Under §1983

Date: Apr 20, 1995
Negligent Denial of Court Access by Prison Officials: Pink v. Lester & Gurney Affirms DANIELS v. WILLIAMS Under §1983 Introduction Warren Phillips Pink, the plaintiff-appellant, was convicted in a...
Federal Tort Claims Act Assessment and Collection Exception: Perkins v. United States

Federal Tort Claims Act Assessment and Collection Exception: Perkins v. United States

Date: Apr 19, 1995
Federal Tort Claims Act Assessment and Collection Exception: Perkins v. United States Introduction Perkins v. United States, 55 F.3d 910 (4th Cir. 1995), is a pivotal case that explores the...
Jury Instructions on Conspiring with Government Agents: Fourth Circuit Reverses Lewis' Conviction

Jury Instructions on Conspiring with Government Agents: Fourth Circuit Reverses Lewis' Conviction

Date: Apr 18, 1995
Jury Instructions on Conspiring with Government Agents: Fourth Circuit Reverses Lewis' Conviction Introduction In the case of United States of America v. Cedric Orlando Lewis, the United States Court...
Affirmation of ACCA's Constitutionality in Felon in Possession Cases: United States v. Presley

Affirmation of ACCA's Constitutionality in Felon in Possession Cases: United States v. Presley

Date: Apr 14, 1995
Affirmation of ACCA's Constitutionality in Felon in Possession Cases: United States v. Presley Introduction In the landmark case of United States of America v. Donald Lee Presley, adjudicated by the...
Fourth Circuit Vacates Dismissal in Gray v. Laws, Reinforcing Eleventh Amendment Immunity Standards for Local Health Department Officials

Fourth Circuit Vacates Dismissal in Gray v. Laws, Reinforcing Eleventh Amendment Immunity Standards for Local Health Department Officials

Date: Apr 11, 1995
Fourth Circuit Vacates Dismissal in Gray v. Laws, Reinforcing Eleventh Amendment Immunity Standards for Local Health Department Officials Introduction The case of John D. Gray v. Tony Laws et al....
Fourth Circuit Upholds 'Significant Risk' Exception for HIV-Positive Surgeons under ADA and Rehabilitation Act

Fourth Circuit Upholds 'Significant Risk' Exception for HIV-Positive Surgeons under ADA and Rehabilitation Act

Date: Apr 4, 1995
Fourth Circuit Upholds 'Significant Risk' Exception for HIV-Positive Surgeons under ADA and Rehabilitation Act Introduction The case of John Doe, M.D. v. University of Maryland Medical System...
Independent Contractor Exception and Discretionary Function in FTCA: Williams v. United States

Independent Contractor Exception and Discretionary Function in FTCA: Williams v. United States

Date: Apr 1, 1995
Independent Contractor Exception and Discretionary Function in FTCA: Williams v. United States Introduction In the case of Patricia Williams v. United States of America, adjudicated by the United...
Fourth Circuit Defines Reasonable Accommodation under ADA: Indefinite Correction Period Not Mandated

Fourth Circuit Defines Reasonable Accommodation under ADA: Indefinite Correction Period Not Mandated

Date: Mar 30, 1995
Fourth Circuit Defines Reasonable Accommodation under ADA: Indefinite Correction Period Not Mandated Introduction The case of Joseph T. Myers v. Mitchell L. Hose, Director of Personnel; Frederick...
Affirmation of Summary Judgment Standards in Wrongful Discharge: Hughes v. Bedsole

Affirmation of Summary Judgment Standards in Wrongful Discharge: Hughes v. Bedsole

Date: Mar 16, 1995
Affirmation of Summary Judgment Standards in Wrongful Discharge: Hughes v. Bedsole Introduction In the case of Sandra K. Hughes v. Morris Bedsole, 48 F.3d 1376 (4th Cir. 1995), the United States...
FOIA Fee Obligations Enforced Even with Constructive Exhaustion: Pollack v. Department of Justice

FOIA Fee Obligations Enforced Even with Constructive Exhaustion: Pollack v. Department of Justice

Date: Mar 11, 1995
FOIA Fee Obligations Enforced Even with Constructive Exhaustion: Pollack v. Department of Justice Introduction The case of Seymour Pollack v. Department of Justice addresses critical aspects of the...
Establishing Employer Liability for Constructive Discharge in Sexual Harassment Cases: Martin v. Cavalier Hotel Corporation

Establishing Employer Liability for Constructive Discharge in Sexual Harassment Cases: Martin v. Cavalier Hotel Corporation

Date: Mar 11, 1995
Establishing Employer Liability for Constructive Discharge in Sexual Harassment Cases: Martin v. Cavalier Hotel Corporation Introduction The case of Rosemary J. Martin v. Cavalier Hotel Corporation...
Open and Obvious Defects in Product Liability: Reinforcing User Responsibility

Open and Obvious Defects in Product Liability: Reinforcing User Responsibility

Date: Mar 7, 1995
Open and Obvious Defects in Product Liability: Reinforcing User Responsibility Introduction The case of Brenda H. Austin; Liberty Mutual Insurance Company v. Clark Equipment Company et al. revolves...
Reaffirming the Standards for Equal Protection in Zoning Decisions: Analysis of Sylvia Development Corp. v. Calvert County

Reaffirming the Standards for Equal Protection in Zoning Decisions: Analysis of Sylvia Development Corp. v. Calvert County

Date: Mar 4, 1995
Reaffirming the Standards for Equal Protection in Zoning Decisions: Analysis of Sylvia Development Corp. v. Calvert County Introduction In the landmark case of Sylvia Development Corporation; Karel...
Exhaustion of State Remedies Essential for Federal Jurisdiction Under Title VII: Insights from Carl D. Davis v. North Carolina Department of Correction

Exhaustion of State Remedies Essential for Federal Jurisdiction Under Title VII: Insights from Carl D. Davis v. North Carolina Department of Correction

Date: Mar 3, 1995
Exhaustion of State Remedies Essential for Federal Jurisdiction Under Title VII: Insights from Carl D. Davis v. North Carolina Department of Correction Introduction Carl D. Davis v. North Carolina...
Qualified Immunity Reinforced in Fourth Circuit: Simmons v. Poe

Qualified Immunity Reinforced in Fourth Circuit: Simmons v. Poe

Date: Mar 2, 1995
Qualified Immunity Reinforced in Fourth Circuit: Simmons v. Poe Introduction Simmons v. Poe is a landmark decision by the United States Court of Appeals for the Fourth Circuit, decided on March 1,...
Affirmation of Conspiracy Convictions and Constraints on Severance and Sentencing Adjustments in Drug Enterprise Cases

Affirmation of Conspiracy Convictions and Constraints on Severance and Sentencing Adjustments in Drug Enterprise Cases

Date: Feb 22, 1995
Affirmation of Conspiracy Convictions and Constraints on Severance and Sentencing Adjustments in Drug Enterprise Cases Introduction The case of United States of America v. Sandra Reavis and Lance...
April Love v. Maryland Troopers: Navigating Substantive Due Process and Second Amendment Claims in §1983 Civil Rights Litigation

April Love v. Maryland Troopers: Navigating Substantive Due Process and Second Amendment Claims in §1983 Civil Rights Litigation

Date: Feb 4, 1995
April Love v. Maryland Troopers: Navigating Substantive Due Process and Second Amendment Claims in §1983 Civil Rights Litigation Introduction The case of April Love, Plaintiff-Appellant v. Robert G....
Clarifying Qualified Immunity: DiMEGLIO v. Haines Establishes Fourth Circuit Standards

Clarifying Qualified Immunity: DiMEGLIO v. Haines Establishes Fourth Circuit Standards

Date: Feb 3, 1995
Clarifying Qualified Immunity: DiMEGLIO v. Haines Establishes Fourth Circuit Standards Introduction In the case of Frank M. DiMEGLIO v. J. Robert Haines, 45 F.3d 790 (4th Cir. 1995), the United...
Affirmation of Reasonable Suspicion and Narrow Interpretation of Justification Defense in United States v. Perrin

Affirmation of Reasonable Suspicion and Narrow Interpretation of Justification Defense in United States v. Perrin

Date: Feb 1, 1995
Affirmation of Reasonable Suspicion and Narrow Interpretation of Justification Defense in United States v. Perrin Introduction United States of America v. Charles Odell Perrin, 45 F.3d 869 (4th Cir....
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