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  • Commentaries
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4th Circuit Case Commentaries

Statute of Limitations under the Quiet Title Act Confirmed in RFP Railroad v. United States

Statute of Limitations under the Quiet Title Act Confirmed in RFP Railroad v. United States

Date: Sep 20, 1991
Statute of Limitations under the Quiet Title Act Confirmed in Richmond, Fredericksburg & Potomac Railroad Co. v. United States Introduction The case of Richmond, Fredericksburg & Potomac Railroad...
Reaffirmation of the 'Shocks the Conscience' Standard in Substantive Due Process Claims under 42 U.S.C. §1983

Reaffirmation of the 'Shocks the Conscience' Standard in Substantive Due Process Claims under 42 U.S.C. §1983

Date: Sep 13, 1991
Reaffirmation of the 'Shocks the Conscience' Standard in Substantive Due Process Claims under 42 U.S.C. §1983 Introduction The case of Sharon Temkin; Bruce M. Temkin v. Frederick County...
Intracorporate Immunity in Antitrust Law: OKSANEN v. PAGE MEMORIAL HOSPital

Intracorporate Immunity in Antitrust Law: OKSANEN v. PAGE MEMORIAL HOSPital

Date: Sep 5, 1991
Intracorporate Immunity in Antitrust Law: OKSANEN v. PAGE MEMORIAL HOSPital Introduction OKSANEN v. PAGE MEMORIAL HOSPital is a pivotal case in understanding the application of antitrust laws within...
Law Firms' Limited Disclosure Obligations in Securities Fraud Cases: Insights from Schatz v. Rosenberg

Law Firms' Limited Disclosure Obligations in Securities Fraud Cases: Insights from Schatz v. Rosenberg

Date: Aug 27, 1991
Law Firms' Limited Disclosure Obligations in Securities Fraud Cases: Insights from Schatz v. Rosenberg Introduction The case of Ivan N. Schatz; Joann B. Schatz v. Mark E. Rosenberg; MER Enterprises,...
Reaffirmation of Habeas Corpus Procedures and Confrontation Clause Protections in Maynard v. Dixon

Reaffirmation of Habeas Corpus Procedures and Confrontation Clause Protections in Maynard v. Dixon

Date: Aug 20, 1991
Reaffirmation of Habeas Corpus Procedures and Confrontation Clause Protections in Maynard v. Dixon Introduction Anson Avery Maynard was convicted in 1981 by a North Carolina state court for the...
Affirmation of Noerr-Pennington Immunity and RICO Standards in Mylan Laboratories, Inc. v. Akzo, N.V.

Affirmation of Noerr-Pennington Immunity and RICO Standards in Mylan Laboratories, Inc. v. Akzo, N.V.

Date: Aug 16, 1991
Affirmation of Noerr-Pennington Immunity and RICO Standards in Mylan Laboratories, Inc. v. Akzo, N.V. Introduction Mylan Laboratories, Inc. v. Akzo, N.V. is a notable case adjudicated by the United...
Clarifying Magistrate Judges' Role in Felony Voir Dire: Analysis of United States v. Lee

Clarifying Magistrate Judges' Role in Felony Voir Dire: Analysis of United States v. Lee

Date: Aug 15, 1991
Clarifying Magistrate Judges' Role in Felony Voir Dire: Analysis of United States v. Lee Introduction In the landmark case of United States of America v. Robert E. Lee, adjudicated by the United...
Conflict of Interest in Legal Representation: United States v. Gordon R. Tatum, Jr. Commentary

Conflict of Interest in Legal Representation: United States v. Gordon R. Tatum, Jr. Commentary

Date: Aug 15, 1991
Conflict of Interest in Legal Representation: United States v. Gordon R. Tatum, Jr. Commentary Introduction United States v. Gordon R. Tatum, Jr. is a pivotal case decided by the United States Court...
Qualified Immunity and Probable Cause: Analyzing Torchinsky v. Siwinski

Qualified Immunity and Probable Cause: Analyzing Torchinsky v. Siwinski

Date: Aug 10, 1991
Qualified Immunity and Probable Cause: Analyzing Torchinsky v. Siwinski Introduction William Torchinsky and Sylvia Torchinsky appealed a decision from the United States District Court for the Middle...
Establishing Rule 11 Sanctions Boundaries: Brubaker v. City of Richmond Appellate Analysis

Establishing Rule 11 Sanctions Boundaries: Brubaker v. City of Richmond Appellate Analysis

Date: Aug 9, 1991
Establishing Rule 11 Sanctions Boundaries: Brubaker v. City of Richmond Appellate Analysis 1. Introduction The case of Malvin W. Brubaker et al. v. City of Richmond et al. (943 F.2d 1363, 4th...
Compelling Arbitration Under the Federal Arbitration Act Amidst Concurrent State Litigation

Compelling Arbitration Under the Federal Arbitration Act Amidst Concurrent State Litigation

Date: Aug 1, 1991
Compelling Arbitration Under the Federal Arbitration Act Amidst Concurrent State Litigation Introduction The case of John M. Whiteside v. Teltech Corporation et al. (940 F.2d 99, United States Court...
Qualified Immunity in Excessive Use of Force: Norman Slattery v. Christopher Rizzo

Qualified Immunity in Excessive Use of Force: Norman Slattery v. Christopher Rizzo

Date: Jul 26, 1991
Qualified Immunity in Excessive Use of Force: Norman Slattery v. Christopher Rizzo Introduction The case of Norman Slattery v. Christopher Rizzo addresses significant questions regarding the...
Waiver of Insufficient Service Defense Through Failure to Object: Pusey v. Dallas Corporation

Waiver of Insufficient Service Defense Through Failure to Object: Pusey v. Dallas Corporation

Date: Jul 4, 1991
Waiver of Insufficient Service Defense Through Failure to Object: Pusey v. Dallas Corporation Introduction The case of William H. Pusey and Sharon E. Pusey vs. Dallas Corporation, decided by the...
Proper Conversion of Rule 12(b)(6) Motions to Rule 56 Summary Judgment – Analysis of Fayetteville Investors v. Commercial Builders

Proper Conversion of Rule 12(b)(6) Motions to Rule 56 Summary Judgment – Analysis of Fayetteville Investors v. Commercial Builders

Date: Jun 29, 1991
Proper Conversion of Rule 12(b)(6) Motions to Rule 56 Summary Judgment – Analysis of Fayetteville Investors v. Commercial Builders Introduction Fayetteville Investors v. Commercial Builders, Inc.,...
Affirmation of Sentencing Grouping in Firearms Offenses: United States v. Wessells

Affirmation of Sentencing Grouping in Firearms Offenses: United States v. Wessells

Date: Jun 12, 1991
Affirmation of Sentencing Grouping in Firearms Offenses: United States v. Wessells Introduction In United States of America v. Wayne Lewis Wessells, 936 F.2d 165 (4th Cir. 1991), the United States...
County Accountability for Sheriff's Jail Policies: Implications of Dotson v. Dorchester County Commissioners

County Accountability for Sheriff's Jail Policies: Implications of Dotson v. Dorchester County Commissioners

Date: Jun 6, 1991
County Accountability for Sheriff's Jail Policies: Implications of Dotson v. Dorchester County Commissioners Introduction Dotson v. Dorchester County Commissioners is a landmark case decided by the...
Substantial Justification for Government Position under the Equal Access to Justice Act: Crawford v. Sullivan

Substantial Justification for Government Position under the Equal Access to Justice Act: Crawford v. Sullivan

Date: Jun 6, 1991
Substantial Justification for Government Position under the Equal Access to Justice Act: Crawford v. Sullivan Introduction Case: David W. Crawford, Plaintiff-Appellant, v. Louis W. Sullivan,...
Green v. Staples: Establishing a Totality of Circumstances Approach to Determine Substantial Abuse under 11 U.S.C. §707(b)

Green v. Staples: Establishing a Totality of Circumstances Approach to Determine Substantial Abuse under 11 U.S.C. §707(b)

Date: Jun 6, 1991
Green v. Staples: Establishing a Totality of Circumstances Approach to Determine Substantial Abuse under 11 U.S.C. §707(b) Introduction In re Walter Green, Debtor, 934 F.2d 568, represents a pivotal...
Supremacy of Federal Venue Transfer Rules Over Contractual Forum-Selection Clauses: An Analysis of Brock v. Entre Computer Centers

Supremacy of Federal Venue Transfer Rules Over Contractual Forum-Selection Clauses: An Analysis of Brock v. Entre Computer Centers

Date: May 29, 1991
Supremacy of Federal Venue Transfer Rules Over Contractual Forum-Selection Clauses: An Analysis of Brock v. Entre Computer Centers Introduction The case of Jerry Brock et al. v. Entre Computer...
Preemption of State Tort Claims by § 301 of the Labor Management Relations Act: Insights from McCormick v. AT&T Technologies

Preemption of State Tort Claims by § 301 of the Labor Management Relations Act: Insights from McCormick v. AT&T Technologies

Date: May 29, 1991
Preemption of State Tort Claims by § 301 of the Labor Management Relations Act: Insights from McCormick v. AT&T Technologies Introduction McCormick v. AT&T Technologies, Inc.; Cameron Allen, 934 F.2d...
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