4th Circuit Case Commentaries

Fourth Circuit Clarifies Due Process Standards in Public Employment Terminations

Date: Jul 13, 1990

Fourth Circuit Clarifies Due Process Standards in Public Employment Terminations Introduction The case Gary Riccio v. County of Fairfax, Virginia (907 F.2d 1459) addresses the procedural due process...

Affirmation of Residual Functional Capacity Standards in Social Security Disability Claims: Hays v. Sullivan

Date: Jul 12, 1990

Affirmation of Residual Functional Capacity Standards in Social Security Disability Claims: Hays v. Sullivan Introduction The case of Jackie L. Hays, Jr. v. Louis W. Sullivan (907 F.2d 1453, 4th Cir....

Establishing Housing Discrimination Liability through the Futile Gesture Doctrine: Pinchback v. Armistead Homes Corp.

Date: Jul 7, 1990

Establishing Housing Discrimination Liability through the Futile Gesture Doctrine: Pinchback v. Armistead Homes Corp. Introduction The case of Karen Pinchback v. Armistead Homes Corporation, decided...

Clarifying Removal Jurisdiction for Federal Officers: State of North Carolina v. Lemans L. Ivory

Date: Jul 3, 1990

Clarifying Removal Jurisdiction for Federal Officers: State of North Carolina v. Lemans L. Ivory, 906 F.2d 999 (4th Cir. 1990) Introduction State of North Carolina v. Lemans L. Ivory is a pivotal...

Provident Life v. Waller: Federal Common Law of Unjust Enrichment under ERISA

Date: Jun 28, 1990

Provident Life v. Waller: Federal Common Law of Unjust Enrichment under ERISA Introduction The case of Provident Life Accident Insurance Company v. Mary J. Waller, decided by the United States Court...

Fourth Circuit Upholds Summary Judgment for Willful Violation and Mandates De Novo Review of Civil Penalties under 12 U.S.C. § 1817

Date: Jun 23, 1990

Fourth Circuit Upholds Summary Judgment for Willful Violation and Mandates De Novo Review of Civil Penalties under 12 U.S.C. § 1817 Introduction The case of J.D. Miller v. Federal Deposit Insurance...

Cobb v. United States: Reinforcing Sixth Amendment Protections During Recesses

Date: Jun 13, 1990

Cobb v. United States: Reinforcing Sixth Amendment Protections During Recesses Introduction In the landmark case United States of America v. Thomas Edward Cobb, decided on June 12, 1990, the United...

Strict Adherence to Federal Tort Claims Act's Statute of Limitations Affirmed in Gould v. HHS

Date: Jun 9, 1990

Strict Adherence to Federal Tort Claims Act's Statute of Limitations Affirmed in Gould v. U.S. Department of Health and Human Services Introduction The case of Regis Ann Gould v. U.S. Department of...

Affirming the 'Some Evidence' Standard in Administrative Segregation: Baker v. Lyles

Date: Jun 8, 1990

Affirming the 'Some Evidence' Standard in Administrative Segregation: Baker v. Lyles Introduction Russell C. Baker, a Maryland inmate, filed a lawsuit under 42 U.S.C. § 1983 against several prison...

Enforceability of Sentence Appeal Waivers in Plea Agreements: United States v. Wiggins

Date: May 30, 1990

Enforceability of Sentence Appeal Waivers in Plea Agreements: United States v. Wiggins Introduction The case of United States of America v. Langford Wiggins, decided by the United States Court of...

Fraudulent Joinder and Defamation Claims: An Analysis of AIDS Counseling and Testing Centers v. Group W Television, Inc.

Date: May 23, 1990

Fraudulent Joinder and Defamation Claims: An Analysis of AIDS Counseling and Testing Centers v. Group W Television, Inc. Introduction The case of AIDS Counseling and Testing Centers (ACT) et al. v....

Fourth Circuit Affirms Strict Enforcement of ADEA Filing Deadlines: Equitable Tolling Not Warranted in Olson v. Mobil Oil

Date: May 22, 1990

Fourth Circuit Affirms Strict Enforcement of ADEA Filing Deadlines: Equitable Tolling Not Warranted in Olson v. Mobil Oil Introduction Olson v. Mobil Oil Corporation (904 F.2d 198) is a pivotal case...

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4th Circuit Case Commentaries

Fourth Circuit Clarifies Due Process Standards in Public Employment Terminations

Affirmation of Residual Functional Capacity Standards in Social Security Disability Claims: Hays v. Sullivan

Establishing Housing Discrimination Liability through the Futile Gesture Doctrine: Pinchback v. Armistead Homes Corp.

Clarifying Removal Jurisdiction for Federal Officers: State of North Carolina v. Lemans L. Ivory

Provident Life v. Waller: Federal Common Law of Unjust Enrichment under ERISA

Fourth Circuit Upholds Summary Judgment for Willful Violation and Mandates De Novo Review of Civil Penalties under 12 U.S.C. § 1817

Cobb v. United States: Reinforcing Sixth Amendment Protections During Recesses

Strict Adherence to Federal Tort Claims Act's Statute of Limitations Affirmed in Gould v. HHS

Affirming the 'Some Evidence' Standard in Administrative Segregation: Baker v. Lyles

Enforceability of Sentence Appeal Waivers in Plea Agreements: United States v. Wiggins

Fraudulent Joinder and Defamation Claims: An Analysis of AIDS Counseling and Testing Centers v. Group W Television, Inc.

Fourth Circuit Affirms Strict Enforcement of ADEA Filing Deadlines: Equitable Tolling Not Warranted in Olson v. Mobil Oil

Affirmation of Reasonable Attorneys' Fees under 42 U.S.C. §1983 in Prison Overcrowding Class Actions

Affirmation of University’s Transfer Policy under Due Process and Sovereign Immunity Protections

Joint Defense Privilege Extends to Corporate Subsidiaries in Grand Jury Proceedings

Due Process in Emergency Child Custody Cases: Insights from Weller v. Department of Social Services

Establishing Personal Jurisdiction in Out-of-State Contract Disputes: English Smith v. Metzger

SBA's Limited Sovereign Immunity Waiver and FTCA Compliance: Insights from J.C. Driskill, Inc. v. Abdnor

Strict Standards for Brady Violations in Collateral Attacks: Insights from UNITED STATES v. WILSON

Enforcement of Material Misrepresentation in Life Insurance Contracts: Insights from Parker v. Prudential