4th Circuit Case Commentaries

Establishing the Bounds of Employer Negligence under FELA: Brown v. CSX Transportation

Date: Mar 2, 1994

Establishing the Bounds of Employer Negligence under FELA: Brown v. CSX Transportation Introduction The case of Darrell E. Brown v. CSX Transportation, Incorporated (18 F.3d 245) adjudicated by the...

Reinforcing the Boundaries on Character Evidence and Expert Testimony: Cuong v. United States

Date: Mar 1, 1994

Reinforcing the Boundaries on Character Evidence and Expert Testimony: Cuong v. United States, Fourth Circuit Introduction In United States of America v. Tran Trong Cuong, M.D. (18 F.3d 1132), the...

Preliminary Injunctions and Irreparable Harm: Insights from Hughes Network Systems v. InterDigital Communications

Date: Feb 24, 1994

Preliminary Injunctions and Irreparable Harm: Insights from Hughes Network Systems v. InterDigital Communications Introduction The case of Hughes Network Systems, Incorporated v. InterDigital...

Fourth Circuit Upholds Drug Conspiracy Conviction: Key Insights on Interrogation, Informant Disclosure, and Sentencing

Date: Feb 17, 1994

Fourth Circuit Upholds Drug Conspiracy Conviction: Key Insights on Interrogation, Informant Disclosure, and Sentencing Introduction In the case of United States of America v. Robert Augustine D'Anjou...

Affirmation of the Automobile Exception: Insights from United States v. Gastiaburo

Date: Feb 9, 1994

Affirmation of the Automobile Exception: Insights from United States v. Gastiaburo Introduction The case of United States of America v. Joseph Gastiaburo, decided by the United States Court of...

Affirmation of Due Process in Evidence Preservation: Insights from Holdren v. West Virginia Penitentiary

Date: Feb 8, 1994

Affirmation of Due Process in Evidence Preservation: Insights from Holdren v. West Virginia Penitentiary Introduction Larry David Holdren v. Carl Legursky, Warden, West Virginia Penitentiary is a...

Declaratory Judgment Jurisdiction in Insurance Coverage Disputes: Nautilus Insurance Co. v. Winchester Homes

Date: Feb 4, 1994

Declaratory Judgment Jurisdiction in Insurance Coverage Disputes: Nautilus Insurance Co. v. Winchester Homes Introduction Nautilus Insurance Company v. Winchester Homes, Inc. is a pivotal case...

Reaffirmation of Strickland Standards and Procedural Defaults in Habeas Corpus: SPENCER v. MURRAY

Date: Feb 4, 1994

Reaffirmation of Strickland Standards and Procedural Defaults in Habeas Corpus: SPENCER v. MURRAY Introduction SPENCER v. MURRAY is a pivotal case decided by the United States Court of Appeals for...

Fourth Circuit Court Establishes Municipal Liability Standards and Upholds Delayed Judicial Review in Emergency Child Custody Cases

Date: Feb 1, 1994

Fourth Circuit Court Establishes Municipal Liability Standards and Upholds Delayed Judicial Review in Emergency Child Custody Cases Introduction In the landmark case of Christopher Jordan et al. v....

Independent Tort Exceptions in Contract Breaches: Strum v. Exxon Establishes Critical Boundaries

Date: Feb 1, 1994

Independent Tort Exceptions in Contract Breaches: Strum v. Exxon Establishes Critical Boundaries Introduction The case of Matthew Strum v. Exxon Company, USA, adjudicated by the United States Court...

Collateral Consequences and Mootness in Contempt Proceedings: Insights from Nakell v. Attorney General of North Carolina

Date: Jan 28, 1994

Collateral Consequences and Mootness in Contempt Proceedings: Insights from Nakell v. Attorney General of North Carolina Introduction Nakell v. Attorney General of North Carolina, 15 F.3d 319 (4th...

Qualified Immunity and the Self-Incrimination Clause: Insights from Wiley v. Doory

Date: Jan 28, 1994

Qualified Immunity and the Self-Incrimination Clause: Insights from Wiley v. Doory Introduction Wiley v. Doory, 14 F.3d 993 (4th Cir. 1994), is a pivotal case addressing the intersection of qualified...

Procedural Default and Harmless Error in Federal Habeas Review: Kermit SMITH v. DIXON

Date: Jan 22, 1994

Procedural Default and Harmless Error in Federal Habeas Review: Kermit SMITH v. DIXON Introduction Kermit Smith, Jr. v. Gary Dixon, Warden, Central Prison is a pivotal case decided by the United...

Fourth Circuit Clarifies Timeliness and Jurisdiction in Bankruptcy Discharge Objections in Farouki v. Emirates Bank

Date: Jan 15, 1994

Fourth Circuit Clarifies Timeliness and Jurisdiction in Bankruptcy Discharge Objections in Farouki v. Emirates Bank Introduction In Nasser Ali Farouki v. Emirates Bank International, Limited, 14 F.3d...

Ensuring Equality Among Creditors: Insights from In Re Superior Siding Window, Inc.

Date: Jan 15, 1994

Ensuring Equality Among Creditors: Insights from In Re Superior Siding Window, Inc. Introduction The case of In Re Superior Siding Window, Incorporated, Debtor addresses pivotal issues in bankruptcy...

Right to Jury Trial under Section 504 of the Rehabilitation Act Established in Pandazides v. Virginia Board of Education

Date: Jan 15, 1994

Right to Jury Trial under Section 504 of the Rehabilitation Act Established in Pandazides v. Virginia Board of Education Introduction Pandazides v. Virginia Board of Education, 13 F.3d 823 (4th Cir....

Clarifying Federal Employee Immunity and Removal Jurisdiction: Insights from Jamison v. Wiley

Date: Jan 14, 1994

Clarifying Federal Employee Immunity and Removal Jurisdiction: Insights from Jamison v. Wiley Introduction Jamison v. Wiley, 14 F.3d 222 (4th Cir. 1994), addressed pivotal issues surrounding the...

Affirmation of Dismissal for Fraudulent Conveyance and Sherman Act Claims in Patterson v. Miller Smith Holding Company

Date: Jan 14, 1994

Affirmation of Dismissal for Fraudulent Conveyance and Sherman Act Claims in Patterson v. Miller Smith Holding Company Introduction In the case of Estate Construction Company, Inc.; Maureen Dowd...

Establishing Supervisory Liability Under 42 U.S.C. § 1983: Insights from DeBORAH SHAW et al. v. C.I. STROUD et al.

Date: Jan 7, 1994

Establishing Supervisory Liability Under 42 U.S.C. § 1983: Insights from DeBORAH SHAW et al. v. C.I. STROUD et al. Introduction The case of DeBORAH SHAW, ADMINISTRATRIX OF THE ESTATE OF SIDNEY BOWEN,...

Right to Jury Trial in Bankruptcy Proceedings: Implications of In Re Stansbury Poplar Place, Inc.

Date: Dec 28, 1993

Right to Jury Trial in Bankruptcy Proceedings: Implications of In Re Stansbury Poplar Place, Inc. Introduction The case of In Re Stansbury Poplar Place, Inc. addressed a pivotal issue in bankruptcy...

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