4th Circuit Case Commentaries

Fourth Circuit Affirms Securities Fraud Conspiracy Convictions: Key Insights on Statute of Limitations and Plea Agreements

Date: Mar 30, 1993

Fourth Circuit Affirms Securities Fraud Conspiracy Convictions: Key Insights on Statute of Limitations and Plea Agreements Introduction In the landmark case United States of America v. United Medical...

Strickler v. Waters: Affirming the Necessity of Demonstrating Serious Deprivation in Eighth Amendment Prison Conditions Claims

Date: Mar 27, 1993

Strickler v. Waters: Affirming the Necessity of Demonstrating Serious Deprivation in Eighth Amendment Prison Conditions Claims Introduction Strickler v. Waters (989 F.2d 1375, 4th Cir. 1993) presents...

Custis v. United States: Upholding Standards for New Trials and Limiting Challenges to Predicate Convictions

Date: Mar 23, 1993

Custis v. United States: Upholding Standards for New Trials and Limiting Challenges to Predicate Convictions Introduction In United States of America v. Darren J. Custis, decided by the United States...

Interpreting Plea Agreements: Insights from United States v. Burns (990 F.2d 1426)

Date: Mar 20, 1993

Interpreting Plea Agreements: Insights from United States v. Burns (990 F.2d 1426) Introduction United States of America v. Donald Berry Burns is a significant appellate case decided by the United...

Affirmation of Summary Judgment in Racial Discrimination Claims: Cook v. CSX Transportation

Date: Mar 20, 1993

Affirmation of Summary Judgment in Racial Discrimination Claims: Cook v. CSX Transportation Introduction The case of Curtiss L. Cook v. CSX Transportation Corporation (988 F.2d 507) was adjudicated...

Procedural Default and Ineffective Assistance of Counsel: An Analysis of Estrada v. Witkowski

Date: Mar 11, 1993

Procedural Default and Ineffective Assistance of Counsel: An Analysis of Estrada v. Witkowski Introduction Orlando Estrada v. Stanley Witkowski is a significant case adjudicated by the United States...

Discretionary Function Exception Reinforced in Baum v. United States

Date: Feb 24, 1993

Discretionary Function Exception Reinforced in Baum v. United States Introduction Price A. Baum and Margaret Leedy filed a lawsuit against the United States of America under the Federal Tort Claims...

Carmack Amendment Preemption and Jurisdiction: Insights from Shao v. Link Cargo

Date: Feb 23, 1993

Carmack Amendment Preemption and Jurisdiction: Insights from Shao v. Link Cargo Introduction In the seminal case of Shao v. Link Cargo (Taiwan) Limited et al., the United States Court of Appeals for...

Fourth Circuit Establishes Discretionary Scope for Evidence in ERISA De Novo Reviews and Refines Standards for Attorneys' Fees and Post-Judgment Interest in Quesinberry v. Life Insurance Co.

Date: Feb 13, 1993

Fourth Circuit Establishes Discretionary Scope for Evidence in ERISA De Novo Reviews and Refines Standards for Attorneys' Fees and Post-Judgment Interest in Quesinberry v. Life Insurance Co....

Efficient Counsel and Plea Withdrawal Standards Established in Craig v. United States

Date: Feb 9, 1993

Efficient Counsel and Plea Withdrawal Standards Established in Craig v. United States Introduction The case of United States of America v. Marc Steven Craig, 985 F.2d 175 (4th Cir. 1993), revolves...

Commerce Clause Precedence: Fourth Circuit Rules West Virginia's Certification Requirement Unconstitutional for Interstate Medical Waste Transporters

Date: Feb 6, 1993

Commerce Clause Precedence: Fourth Circuit Rules West Virginia's Certification Requirement Unconstitutional for Interstate Medical Waste Transporters Introduction The case of Medigen of Kentucky,...

Affirmative Act Requirement in Inverse Condemnation: White v. County of Newberry

Date: Feb 6, 1993

Affirmative Act Requirement in Inverse Condemnation: White v. County of Newberry Introduction In White v. County of Newberry, the United States Court of Appeals for the Fourth Circuit addressed...

Incorporation of Adult-Tried Juvenile Convictions as Predicate Offenses under the Armed Career Criminal Act: United States v. Lender

Date: Feb 2, 1993

Incorporation of Adult-Tried Juvenile Convictions as Predicate Offenses under the Armed Career Criminal Act: United States v. Lender Introduction United States of America v. Calvin Edwin Lender, 985...

Federal Hazardous Substances Act Preempts State Failure to Warn Claims When Federal Labeling Requirements are Met

Date: Jan 29, 1993

Federal Hazardous Substances Act Preempts State Failure to Warn Claims When Federal Labeling Requirements are Met Introduction The case of MELVIN MOSS v. PARKS CORPORATION (985 F.2d 736, 4th Cir....

Affirmation of Probable Cause Standards in Drug-Related Investigations: United States v. Sinclair

Date: Jan 13, 1993

Affirmation of Probable Cause Standards in Drug-Related Investigations: United States v. Sinclair Introduction The case of United States of America v. Raymond Franzwa Sinclair pertains to a...

Affirming Judicial Authority to Impose Pre-Filing Review Systems on Litigious Inmates: In re John Rogers Burnley

Date: Dec 23, 1992

Affirming Judicial Authority to Impose Pre-Filing Review Systems on Litigious Inmates: In re John Rogers Burnley Introduction The case of In re John Rogers Burnley addresses the complex balance...

Clarifying Civil Conspiracy and Jury Verdict Procedures under 42 U.S.C. §1983: Insights from Hafner v. Brown et al.

Date: Dec 23, 1992

Clarifying Civil Conspiracy and Jury Verdict Procedures under 42 U.S.C. §1983: Insights from Hafner v. Brown et al. Introduction The case of Mark R. Hafner v. David Brown, Gary Reininger, Jonathan...

Affirmation of SSI Denial Based on Substantial Evidence: Hunter v. Sullivan (1992)

Date: Dec 19, 1992

Affirmation of SSI Denial Based on Substantial Evidence: Hunter v. Sullivan (1992) Introduction Hunter v. Sullivan is a significant case adjudicated by the United States Court of Appeals for the...

Affirmation of Absolute Immunity for Prosecutors, Judges, and Court Clerks in 42 U.S.C. § 1983 Claims: A Comprehensive Analysis of Clay v. Yates

Date: Dec 16, 1992

Affirmation of Absolute Immunity for Prosecutors, Judges, and Court Clerks in 42 U.S.C. § 1983 Claims: A Comprehensive Analysis of Clay v. Yates Introduction In the landmark case of Albert Russell...

M M Medical Supplies and Service, Inc. v. Pleasant Valley Hospital, Inc.: Establishing Standards for Antitrust Monopolization Claims

Date: Dec 10, 1992

M M Medical Supplies and Service, Inc. v. Pleasant Valley Hospital, Inc.: Establishing Standards for Antitrust Monopolization Claims Introduction In the landmark case M M Medical Supplies and...

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