4th Circuit Case Commentaries

Application of Bankruptcy Rule 8001(a) in Addressing Late Filings: Insights from In Re SPR Corporation

Date: Jan 26, 1995

Application of Bankruptcy Rule 8001(a) in Addressing Late Filings: Insights from In Re SPR Corporation Introduction The case of Resolution Trust Corporation (RTC) v. SPR Corporation serves as a...

Timely Service of Process: Upholding Rule 4(m) in Mendez v. Elliot

Date: Jan 26, 1995

Timely Service of Process: Upholding Rule 4(m) in Mendez v. Elliot Introduction Mendez v. Elliot, 45 F.3d 75 (4th Cir. 1995), is a seminal case adjudicated by the United States Court of Appeals for...

Affirmation of Indictment Sufficiency in Money Laundering Cases: United States v. Smith

Date: Jan 26, 1995

Affirmation of Indictment Sufficiency in Money Laundering Cases: United States v. Smith Introduction In the landmark case of United States of America v. Harvey Keith Smith et al., decided by the...

Fourth Circuit Establishes One-Year Limitation on Breach of Fiduciary Duty Claims in Singer v. Dungan et al.

Date: Jan 24, 1995

Fourth Circuit Establishes One-Year Limitation on Breach of Fiduciary Duty Claims in Singer v. Dungan et al. Introduction In the case of Singer v. Dungan, Flammey, & The Cambridge Institute, Inc.,...

Reaffirming At-Will Employment in Virginia: Nguyen v. CNA Corporation

Date: Jan 21, 1995

Reaffirming At-Will Employment in Virginia: Nguyen v. CNA Corporation Introduction Hung P. Nguyen, the plaintiff-appellant, initiated a legal action against his former employer, CNA Corporation, the...

Affirmation of Daubert Standards: Exclusion of Non-Commensurate Expert Testimony in Dorsey v. United States

Date: Jan 19, 1995

Affirmation of Daubert Standards: Exclusion of Non-Commensurate Expert Testimony in Dorsey v. United States Introduction Dorsey v. United States, 45 F.3d 809 (4th Cir. 1995), presents a pivotal...

Clarifying the Role of Incontestable Trademarks and Likelihood of Confusion in Trademark Infringement: Lone Star Steakhouse v. Alpha of Virginia

Date: Jan 12, 1995

Clarifying the Role of Incontestable Trademarks and Likelihood of Confusion in Trademark Infringement Introduction The legal landscape of trademark infringement and unfair competition was...

Revisiting Sexual Molestation Claims under Nevada Law: Analysis of Labram v. Havel

Date: Jan 11, 1995

Revisiting Sexual Molestation Claims under Nevada Law: Analysis of Labram v. Havel Introduction Case: Susan Labram; Bart Labram, Plaintiffs-Appellants v. James Havel, Defendant-Appellee. Court:...

Expanding 'Under Color of State Law' to Authorize Private Physicians in State Prisons: Insights from Conner v. Donnelly (4th Cir. 1994)

Date: Dec 21, 1994

Expanding 'Under Color of State Law' to Authorize Private Physicians in State Prisons: Insights from Conner v. Donnelly (4th Cir. 1994) Introduction Conner v. Donnelly is a landmark case adjudicated...

Strict Standards for Materiality in Securities Fraud: Hillson Partners v. Adage, Inc.

Date: Dec 14, 1994

Strict Standards for Materiality in Securities Fraud: Hillson Partners v. Adage, Inc. Introduction The case of Hillson Partners Limited Partnership v. Adage, Incorporated et al. addressed critical...

Power v. Arlington Hospital: Limiting EMTALA Damages to Virginia's Malpractice Cap

Date: Dec 13, 1994

Power v. Arlington Hospital: Limiting EMTALA Damages to Virginia's Malpractice Cap Introduction Power v. Arlington Hospital is a seminal case decided by the United States Court of Appeals for the...

Establishing the Boundaries of Qualified Immunity in Excessive Force Claims: Rowland v. Perry

Date: Nov 30, 1994

Establishing the Boundaries of Qualified Immunity in Excessive Force Claims: Rowland v. Perry Introduction Rowland v. Perry, 41 F.3d 167 (4th Cir. 1994), is a significant case that delves into the...

Frivolous Claims under In Forma Pauperis: Adams v. Rice et al. Establishes Strict Standards

Date: Nov 17, 1994

Frivolous Claims under In Forma Pauperis: Adams v. Rice et al. Establishes Strict Standards Introduction Adams v. Rice et al. is a pivotal case decided by the United States Court of Appeals for the...

Constructive Amendment of an Indictment: Floresca v. United States

Date: Oct 28, 1994

Constructive Amendment of an Indictment: Floresca v. United States Introduction In the landmark case of United States of America v. Jose P. Floresca, 38 F.3d 706 (4th Cir. 1994), the United States...

Affirmation of Younger Abstention and Non-Preemption of State Discrimination Claims in Martin Marietta Corp. v. MCHR

Date: Oct 28, 1994

Affirmation of Younger Abstention and Non-Preemption of State Discrimination Claims in Martin Marietta Corp. v. MCHR Introduction In Martin Marietta Corporation, Aero Naval Systems v. Maryland...

Scope of Waiver of Appeal Rights in Plea Agreements: United States v. Attar

Date: Oct 28, 1994

Scope of Waiver of Appeal Rights in Plea Agreements: United States v. Attar Introduction United States of America v. Amir James Attar (38 F.3d 727, 4th Cir. 1994) is a pivotal case that delves into...

Administrative Hold Violates Automatic Stay: In Re David Strumpf

Date: Oct 14, 1994

Administrative Hold Violates Automatic Stay: In Re David Strumpf Introduction The case of In Re David Strumpf, Debtor v. Citizens Bank of Maryland is a pivotal decision by the United States Court of...

Jurisdictional Boundaries Under FSIA: Schlumberger Industries v. National Surety Corporation and Others

Date: Oct 8, 1994

Jurisdictional Boundaries Under FSIA: Schlumberger Industries v. National Surety Corporation and Others Introduction Schlumberger Industries, Inc. v. National Surety Corporation; Fireman's Fund...

Defining Violent Crimes in Aid of Racketeering Activity under 18 U.S.C. § 1959: Analysis of United States v. Fiel et al.

Date: Oct 1, 1994

Defining Violent Crimes in Aid of Racketeering Activity under 18 U.S.C. § 1959: Analysis of United States v. Fiel et al. Introduction United States of America v. Ronald Allyn Fiel et al. is a...

Reaffirmation of the Continuing Violation Doctrine Under the Equal Pay Act in Brinkley-Obu v. Hughes Training, Inc.

Date: Sep 27, 1994

Reaffirmation of the Continuing Violation Doctrine Under the Equal Pay Act in Brinkley-Obu v. Hughes Training, Inc. Introduction The case of Sharon D. Brinkley-Obu v. Hughes Training, Incorporated...

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