4th Circuit Case Commentaries

Fourth Circuit Recognizes Drug Conspiracy Convictions as Instant Offenses for Career Offender Enhancement

Date: Aug 18, 1994

Fourth Circuit Recognizes Drug Conspiracy Convictions as Instant Offenses for Career Offender Enhancement Introduction The case of United States of America v. Joseph Willie Kennedy was deliberated by...

Fourth Circuit Affirms Proper Admission of Prior Felony Convictions in § 922(g)(1) Offenses

Date: Aug 18, 1994

Fourth Circuit Affirms Proper Admission of Prior Felony Convictions in § 922(g)(1) Offenses Introduction In United States of America v. Button Jack Rhodes (32 F.3d 867), the United States Court of...

Interpreting "Medically Necessary" Under ERISA: Insights from Sheppard Enoch Pratt Hospital v. Travelers Insurance Company

Date: Aug 16, 1994

Interpreting "Medically Necessary" Under ERISA: Insights from Sheppard Enoch Pratt Hospital v. Travelers Insurance Company Introduction The case of Sheppard Enoch Pratt Hospital, Inc. v. Travelers...

Defining a "Qualified Individual" Under the ADA: Commentary on Tyndall v. National Education Centers

Date: Aug 4, 1994

Defining a "Qualified Individual" Under the ADA: Commentary on Tyndall v. National Education Centers Introduction The case of Mary M. Tyndall versus National Education Centers, Incorporated of...

Retaliation Claims Require Causation: The 'Same Decision' Doctrine in Employment Discrimination Cases

Date: Aug 4, 1994

Retaliation Claims Require Causation: The 'Same Decision' Doctrine in Employment Discrimination Cases Introduction The case of Susan Preston v. Commonwealth of Virginia ex rel. New River Community...

ERISA Preempts State Substantial Compliance Doctrine: Establishing Federal Common Law in Phoenix Mutual Life Insurance Co. v. Adams

Date: Jul 28, 1994

ERISA Preempts State Substantial Compliance Doctrine: Establishing Federal Common Law in Phoenix Mutual Life Insurance Co. v. Adams Introduction The case of Phoenix Mutual Life Insurance Company v....

Title VII and Section 1983: Coexisting Remedies for Employment Discrimination – Beardsley v. Webb

Date: Jul 27, 1994

Title VII and Section 1983: Coexisting Remedies for Employment Discrimination – Beardsley v. Webb Introduction In the landmark case Beardsley v. Webb, adjudicated by the United States Court of...

Randall v. United States: Affirmation of Qualified Immunity in Military Medical Practitioners' Due Process Rights

Date: Jul 27, 1994

Randall v. United States: Affirmation of Qualified Immunity in Military Medical Practitioners' Due Process Rights Introduction Randall v. United States is a pivotal case adjudicated by the United...

Ahmeds v. United States: Administrative Exhaustion Under the Federal Tort Claims Act

Date: Jul 26, 1994

Ahmeds v. United States: Administrative Exhaustion Under the Federal Tort Claims Act Introduction The case Fozia Ahmed; Mohammad Ahmed, Individually and as Parents and Next Friends of Ayesha Ahmed;...

Establishing Reasonable Attorney Fees under 42 U.S.C. §1988: Insights from RUM CREEK COAL SALES, INC. v. CAPERTON

Date: Jul 26, 1994

Establishing Reasonable Attorney Fees under 42 U.S.C. §1988: Insights from RUM CREEK COAL SALES, INC. v. CAPERTON Introduction RUM CREEK COAL SALES, INC. v. CAPERTON is a pivotal case adjudicated by...

Affirming Employer-Only Liability Under the ADEA: Insights from Birkbeck v. Marvel Lighting Corporation

Date: Jul 23, 1994

Affirming Employer-Only Liability Under the ADEA: Insights from Birkbeck v. Marvel Lighting Corporation Introduction The case of PATRICIA BIRKBECK, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ALAN...

Qualified Immunity in Child Abuse Record Maintenance: Hodges v. Jones

Date: Jul 20, 1994

Qualified Immunity in Child Abuse Record Maintenance: Hodges v. Jones Introduction Hodges v. Jones, decided by the United States Court of Appeals for the Fourth Circuit on July 19, 1994, addresses...

Affirmation of Rule 32(c)(3)(D) Compliance in Sentencing: United States v. Walker

Date: Jul 19, 1994

Affirmation of Rule 32(c)(3)(D) Compliance in Sentencing: United States v. Walker Introduction United States of America v. Harold R. Walker, 29 F.3d 908 (4th Cir. 1994), serves as a pivotal case in...

Establishing Disability: Objective Medical Evidence Requirements in Subjective Pain Claims - Mickles v. Shalala

Date: Jul 19, 1994

Establishing Disability: Objective Medical Evidence Requirements in Subjective Pain Claims Mickles v. Shalala, United States Court of Appeals, Fourth Circuit, 1994 Introduction Case: Nannie Mickles,...

Liability of Brand-Name Drug Manufacturers in the Context of Generic Equivalents: Foster v. Wyeth

Date: Jul 15, 1994

Liability of Brand-Name Drug Manufacturers in the Context of Generic Equivalents: Foster v. Wyeth Introduction The case of Craig Foster; Karen Foster v. American Home Products Corporation (Wyeth)...

Federal Question Jurisdiction in State Law Negligence Claims: Insights from Mulcahey v. Columbia Organic Chemicals Co.

Date: Jul 12, 1994

Federal Question Jurisdiction in State Law Negligence Claims: Insights from Mulcahey v. Columbia Organic Chemicals Co. Introduction The case of Mulcahey v. Columbia Organic Chemicals Company, Inc.,...

Ensuring Factual Basis in Expert Testimony: Fourth Circuit's Decision in Tyger Construction Co. v. Pensacola Construction Co.

Date: Jul 9, 1994

Ensuring Factual Basis in Expert Testimony: Fourth Circuit's Decision in Tyger Construction Co. v. Pensacola Construction Co. Introduction Tyger Construction Company Incorporated, a South Carolina...

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