4th Circuit Case Commentaries

Affirmation of State Utility Commission’s Use of Modified Hatfield TELRIC Model in Telecommunications Pricing

Date: Dec 16, 1999

Affirmation of State Utility Commission’s Use of Modified Hatfield TELRIC Model in Telecommunications Pricing Introduction The case of GTE South, Incorporated, Plaintiff-Appellant, et al., versus...

Reaffirming Diversity Jurisdiction: The Impact of Fraudulent Joinder in Mayes v. Rapoport

Date: Dec 3, 1999

Reaffirming Diversity Jurisdiction: The Impact of Fraudulent Joinder in Mayes v. Rapoport Introduction In the landmark case of Patricia J. Mayes v. Stanley Rapoport; Judith Rapoport; David Key, d/b/a...

Substantive Due Process and Parole Revocation: A Detailed Analysis of HAWKINS v. FREEMAN

Date: Nov 10, 1999

Substantive Due Process and Parole Revocation: A Detailed Analysis of HAWKINS v. FREEMAN Introduction HAWKINS v. FREEMAN is a pivotal case adjudicated by the United States Court of Appeals for the...

Authority of Federal Courts to Issue Asset-Freezing Injunctions in Concurrent Legal and Equitable Claims: Rahman v. Oncology Associates

Date: Nov 9, 1999

Authority of Federal Courts to Issue Asset-Freezing Injunctions in Concurrent Legal and Equitable Claims: Rahman v. Oncology Associates Introduction The case of United States of America, ex rel. Syed...

Defining 'Deliberate Indifference' in Section 1983 Claims: Fourth Circuit's Ruling in Grayson v. Peed

Date: Nov 6, 1999

Defining 'Deliberate Indifference' in Section 1983 Claims: Fourth Circuit's Ruling in Grayson v. Peed Introduction The case of Thelma Virginia Grayson, Administrator of the Estate of Gerald Anthony...

Paramount Parks Liability under 42 U.S.C.A. §1983: Absence of Official Policy Shields Employer

Date: Nov 2, 1999

Paramount Parks Liability under 42 U.S.C.A. §1983: Absence of Official Policy Shields Employer Introduction The case of Stephanie P. Austin v. Paramount Parks, Inc. addresses significant issues...

Sentencing Boundaries in Multi-Substance Conspiracy Cases: An Analysis of United States v. Rhynes

Date: Oct 27, 1999

Sentencing Boundaries in Multi-Substance Conspiracy Cases: An Analysis of United States v. Rhynes Introduction United States v. Rhynes (196 F.3d 207, 4th Cir. 1999) presents a complex legal landscape...

Establishing Refugee Status Under China's "One Child" Policy: The Chen v. INS Decision

Date: Oct 21, 1999

Establishing Refugee Status Under China's "One Child" Policy: The Chen v. INS Decision Introduction The case of Yong Hao Chen v. U.S. Immigration Naturalization Service (INS), decided by the United...

Defining Fraud in At-Will Employment and Reaffirming First Amendment Protections: Insights from Food Lion v. ABC

Date: Oct 21, 1999

Defining Fraud in At-Will Employment and Reaffirming First Amendment Protections An In-Depth Commentary on Food Lion, Inc. v. Capital Cities/ABC, Inc. Introduction Food Lion, Inc. v. Capital...

Fourth Circuit Expands BRADY v. MARYLAND: Mandatory Disclosure of Impeachment Evidence in Criminal Trials

Date: Oct 19, 1999

Fourth Circuit Expands BRADY v. MARYLAND: Mandatory Disclosure of Impeachment Evidence in Criminal Trials Introduction The case of Brady George Spicer v. Roxbury Correctional Institute, et al....

Affirmation of No Securities Fraud: Food Lion Case and the Boundaries of Fraud-on-the-Market Theory

Date: Oct 8, 1999

Affirmation of No Securities Fraud: Food Lion Case and the Boundaries of Fraud-on-the-Market Theory Introduction The case of Longman et al. v. Food Lion, Inc. examined whether Food Lion engaged in...

Fourth Circuit Clarifies Fraud by Concealment and Evidentiary Standards in Signet Bank v. Bank of Montreal

Date: Oct 7, 1999

Fourth Circuit Clarifies Fraud by Concealment and Evidentiary Standards in Signet Bank v. Bank of Montreal Introduction In the case of Bank of Montreal v. Signet Bank, the United States Court of...

Municipal Immunity and §1983 Liability: A Fourth Circuit Analysis

Date: Oct 6, 1999

Municipal Immunity and §1983 Liability: A Fourth Circuit Analysis Introduction The case of Charles Lee Semple, Jr., et al. v. The City of Moundsville (195 F.3d 708, United States Court of Appeals,...

Strict Adherence to Service of Process in Employment Discrimination Cases: Insights from Londeree v. Crutchfield Corp.

Date: Sep 30, 1999

Strict Adherence to Service of Process in Employment Discrimination Cases: Insights from Londeree v. Crutchfield Corp. Introduction Londeree v. Crutchfield Corp. is a pivotal case adjudicated by the...

Clarifying Fair Notice in Criminal Sentencing: The Thomas v. Davis Decision

Date: Sep 29, 1999

Clarifying Fair Notice in Criminal Sentencing: The Thomas v. Davis Decision Introduction The case of Leon E. Thomas v. William Davis, Warden of Lee Correctional Institution, decided by the United...

A Comprehensive Commentary on Taylor and Johnson v. Virginia Union University: Affirming Title VII Protections Against Gender Discrimination

Date: Sep 28, 1999

A Comprehensive Commentary on Taylor and Johnson v. Virginia Union University: Affirming Title VII Protections Against Gender Discrimination Introduction The case of Lynne S. Taylor and Keisha...

Reevaluation of the "Integrated Employer" Test under the Family and Medical Leave Act: Hukill v. Auto Care, Inc.

Date: Sep 23, 1999

Reevaluation of the "Integrated Employer" Test under the Family and Medical Leave Act: Hukill v. Auto Care, Inc. Introduction The case of Monte J. Hukill v. Auto Care, Incorporated; McGillicuddy...

ADA Discrimination in Educational Settings: The Baird v. Rose Case Analysis

Date: Sep 23, 1999

ADA Discrimination in Educational Settings: The Baird v. Rose Case Analysis Introduction The case of Kristen Elisabeth Baird v. Susan Elizabeth Rose et al., decided by the United States Court of...

Clarifying Core vs Non-Core Proceedings in Bankruptcy: Fourth Circuit Establishes Non-Core Status for Pre-Petition Contractual Accounts Receivable Claims

Date: Sep 23, 1999

Clarifying Core vs Non-Core Proceedings in Bankruptcy: Fourth Circuit Establishes Non-Core Status for Pre-Petition Contractual Accounts Receivable Claims Introduction In the landmark case of In Re:...

Insufficient Evidence of Defect and Causation Leads to Summary Judgment in Breast Implant Litigation

Date: Sep 17, 1999

Insufficient Evidence of Defect and Causation Leads to Summary Judgment in Breast Implant Litigation Introduction The case of Kelly R. Miskin v. Baxter Healthcare Corp. et al. (107 F. Supp. 2d 669)...