4th Circuit Case Commentaries

Affirmation of State Court Primacy in Declaratory Judgments: Continental Casualty Company v. Fuscardo

Date: Sep 24, 1994

Affirmation of State Court Primacy in Declaratory Judgments: Continental Casualty Company v. Fuscardo Introduction Continental Casualty Company v. Fuscardo is a significant case decided by the United...

Fourth Circuit Establishes Precedent on Timeshare Offerings as Securities: Implications for Fraud Litigation

Date: Sep 24, 1994

Fourth Circuit Establishes Precedent on Timeshare Offerings as Securities: Implications for Fraud Litigation Introduction In the landmark case of TEAGUE v. BAKKER et al., the United States Court of...

Procedural Barriers in Medical Malpractice: Karsten v. Kaiser Foundation Health Plan Establishes Critical Compliance Requirements

Date: Sep 21, 1994

Procedural Barriers in Medical Malpractice: Karsten v. Kaiser Foundation Health Plan Establishes Critical Compliance Requirements Introduction The case of Frances T. Karsten v. Kaiser Foundation...

Reaffirming Purposeful Availment in Personal Jurisdiction: Lesnick v. Hollingsworth Vose Co.

Date: Sep 20, 1994

Reaffirming Purposeful Availment in Personal Jurisdiction: Lesnick v. Hollingsworth Vose Co. Introduction Lesnick v. Hollingsworth Vose Co., 35 F.3d 939 (4th Cir. 1994), is a pivotal case that delves...

Federal Protection Extended to State Employees Assisting Federal Agents: United States v. Murphy

Date: Sep 17, 1994

Federal Protection Extended to State Employees Assisting Federal Agents: United States v. Murphy Introduction The case of United States of America v. Tony Jerome Murphy, reported at 35 F.3d 143,...

Narrow Interpretation of § 507(b) Superpriority and § 506(b) Postpetition Interest in Bankruptcy Cases: Ford Motor Credit v. Dobbins

Date: Sep 16, 1994

Narrow Interpretation of § 507(b) Superpriority and § 506(b) Postpetition Interest in Bankruptcy Cases: Ford Motor Credit Co. v. Dobbins Introduction The case of Ford Motor Credit Company v. Rayfeal...

Application of North Carolina Act's Statute of Limitations in Rehabilitation Act Claims: McCullough v. Branch Banking Trust Co.

Date: Sep 14, 1994

Application of North Carolina Act's Statute of Limitations in Rehabilitation Act Claims: McCullough v. Branch Banking Trust Co. Introduction In Stephen D. McCullough v. Branch Banking Trust Company,...

Modification Rights Under ERISA: Sweetheart Cup Company, Inc. v. Gable et al. - Comprehensive Commentary

Date: Sep 14, 1994

Modification Rights Under ERISA: Sweetheart Cup Company, Inc. v. Gable et al. - Comprehensive Commentary Introduction The case of Robert Gable; Harvey Spies; John Foley; Eugene Foreman v. Sweetheart...

Prosecutorial Immunity in Withholding Exculpatory Evidence: Carter v. Burch and Beamer

Date: Sep 10, 1994

Prosecutorial Immunity in Withholding Exculpatory Evidence: Carter v. Burch and Beamer Introduction The case of William Douglas Carter v. William T. Burch; Vernon Beamer, Defendants (34 F.3d 257)...

Judicial Restraint in Prison Administration: Fourth Circuit Vacates Overly Intrusive Preliminary Injunction

Date: Sep 10, 1994

Judicial Restraint in Prison Administration: Fourth Circuit Vacates Overly Intrusive Preliminary Injunction Introduction The case Inmates of Morrison Youth Institution v. Department of Correction (34...

Carter v. Ball: Affirmation of Non-Discriminatory Employment Practices

Date: Sep 8, 1994

Carter v. Ball: Affirmation of Non-Discriminatory Employment Practices Introduction The case of Paul Carter v. William L. Ball, III (33 F.3d 450) adjudicated by the United States Court of Appeals for...

Protecting Union Members' Due Process Rights: Collison v. International Chemical Workers Union

Date: Sep 2, 1994

Protecting Union Members' Due Process Rights: Collison v. International Chemical Workers Union Introduction Brenda S. Collison, a member of Local 217 of the International Chemical Workers Union...

Hoyle v. United States: Reevaluating Plea Agreement Appeals and Sentencing Loss Calculations

Date: Sep 2, 1994

Hoyle v. United States: Reevaluating Plea Agreement Appeals and Sentencing Loss Calculations Introduction Hoyle v. United States is a significant appellate case decided by the United States Court of...

Reaffirming Summary Judgment Standards: Insights from Cray Communications v. Novatel Computers

Date: Sep 1, 1994

Reaffirming Summary Judgment Standards: Insights from Cray Communications, Inc. v. Novatel Computer Systems, Inc. Introduction The legal landscape surrounding summary judgment motions is continually...

Clarifying the Crime-Fraud Exception: Fourth Circuit's Ruling on Attorney-Client and Work Product Privileges in Grand Jury Proceedings

Date: Aug 30, 1994

Clarifying the Crime-Fraud Exception: Fourth Circuit's Ruling on Attorney-Client and Work Product Privileges in Grand Jury Proceedings Introduction The case of United States of America v. Under Seal,...

Subject Matter Jurisdiction and Exhaustion of Administrative Remedies under FIRREA: Tillman v. Resolution Trust Corporation

Date: Aug 25, 1994

Subject Matter Jurisdiction and Exhaustion of Administrative Remedies under FIRREA: Tillman v. Resolution Trust Corporation Introduction Tillman v. Resolution Trust Corporation is a pivotal case...

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