4th Circuit Case Commentaries

Navistar v. Hathcock: Affirming the Necessity of Judicial Neutrality and Procedural Safeguards in Discovery Sanctions

Date: May 5, 1995

Navistar v. Hathcock: Affirming the Necessity of Judicial Neutrality and Procedural Safeguards in Discovery Sanctions Introduction The case of Michael Hathcock and Sandy Hathcock v. Navistar...

Discretion in Awarding Attorney's Fees Under the FDCPA: CARROLL v. WOLPOFF ABRAMSON

Date: May 5, 1995

Discretion in Awarding Attorney's Fees Under the FDCPA: CARROLL v. WOLPOFF ABRAMSON Introduction The case of Susan J. CARROLL v. WOLPOFF ABRAMSON, adjudicated by the United States Court of Appeals...

Clarifying the McDonnell Douglas Framework for Age Discrimination under the ADEA: O'Connor v. Consolidated Coin Caterers Corporation

Date: Apr 22, 1995

Clarifying the McDonnell Douglas Framework for Age Discrimination under the ADEA: O'Connor v. Consolidated Coin Caterers Corporation Introduction James O'Connor v. Consolidated Coin Caterers...

Enhancing RICO Enforcement: Affirmation of Drug Conspiracy and Associated Proceedings in United States v. Hoyte et al.

Date: Apr 22, 1995

Enhancing RICO Enforcement: Affirmation of Drug Conspiracy and Associated Proceedings in United States v. Hoyte et al. United States Court of Appeals, Fourth Circuit, 1995 Introduction United States...

Negligent Denial of Court Access by Prison Officials: Pink v. Lester & Gurney Affirms DANIELS v. WILLIAMS Under §1983

Date: Apr 20, 1995

Negligent Denial of Court Access by Prison Officials: Pink v. Lester & Gurney Affirms DANIELS v. WILLIAMS Under §1983 Introduction Warren Phillips Pink, the plaintiff-appellant, was convicted in a...

Federal Tort Claims Act Assessment and Collection Exception: Perkins v. United States

Date: Apr 19, 1995

Federal Tort Claims Act Assessment and Collection Exception: Perkins v. United States Introduction Perkins v. United States, 55 F.3d 910 (4th Cir. 1995), is a pivotal case that explores the...

Jury Instructions on Conspiring with Government Agents: Fourth Circuit Reverses Lewis' Conviction

Date: Apr 18, 1995

Jury Instructions on Conspiring with Government Agents: Fourth Circuit Reverses Lewis' Conviction Introduction In the case of United States of America v. Cedric Orlando Lewis, the United States Court...

Affirmation of ACCA's Constitutionality in Felon in Possession Cases: United States v. Presley

Date: Apr 14, 1995

Affirmation of ACCA's Constitutionality in Felon in Possession Cases: United States v. Presley Introduction In the landmark case of United States of America v. Donald Lee Presley, adjudicated by the...

Fourth Circuit Vacates Dismissal in Gray v. Laws, Reinforcing Eleventh Amendment Immunity Standards for Local Health Department Officials

Date: Apr 11, 1995

Fourth Circuit Vacates Dismissal in Gray v. Laws, Reinforcing Eleventh Amendment Immunity Standards for Local Health Department Officials Introduction The case of John D. Gray v. Tony Laws et al....

Fourth Circuit Upholds 'Significant Risk' Exception for HIV-Positive Surgeons under ADA and Rehabilitation Act

Date: Apr 4, 1995

Fourth Circuit Upholds 'Significant Risk' Exception for HIV-Positive Surgeons under ADA and Rehabilitation Act Introduction The case of John Doe, M.D. v. University of Maryland Medical System...

Independent Contractor Exception and Discretionary Function in FTCA: Williams v. United States

Date: Apr 1, 1995

Independent Contractor Exception and Discretionary Function in FTCA: Williams v. United States Introduction In the case of Patricia Williams v. United States of America, adjudicated by the United...

Fourth Circuit Defines Reasonable Accommodation under ADA: Indefinite Correction Period Not Mandated

Date: Mar 30, 1995

Fourth Circuit Defines Reasonable Accommodation under ADA: Indefinite Correction Period Not Mandated Introduction The case of Joseph T. Myers v. Mitchell L. Hose, Director of Personnel; Frederick...

Affirmation of Summary Judgment Standards in Wrongful Discharge: Hughes v. Bedsole

Date: Mar 16, 1995

Affirmation of Summary Judgment Standards in Wrongful Discharge: Hughes v. Bedsole Introduction In the case of Sandra K. Hughes v. Morris Bedsole, 48 F.3d 1376 (4th Cir. 1995), the United States...

FOIA Fee Obligations Enforced Even with Constructive Exhaustion: Pollack v. Department of Justice

Date: Mar 11, 1995

FOIA Fee Obligations Enforced Even with Constructive Exhaustion: Pollack v. Department of Justice Introduction The case of Seymour Pollack v. Department of Justice addresses critical aspects of the...

Establishing Employer Liability for Constructive Discharge in Sexual Harassment Cases: Martin v. Cavalier Hotel Corporation

Date: Mar 11, 1995

Establishing Employer Liability for Constructive Discharge in Sexual Harassment Cases: Martin v. Cavalier Hotel Corporation Introduction The case of Rosemary J. Martin v. Cavalier Hotel Corporation...

Open and Obvious Defects in Product Liability: Reinforcing User Responsibility

Date: Mar 7, 1995

Open and Obvious Defects in Product Liability: Reinforcing User Responsibility Introduction The case of Brenda H. Austin; Liberty Mutual Insurance Company v. Clark Equipment Company et al. revolves...

Reaffirming the Standards for Equal Protection in Zoning Decisions: Analysis of Sylvia Development Corp. v. Calvert County

Date: Mar 4, 1995

Reaffirming the Standards for Equal Protection in Zoning Decisions: Analysis of Sylvia Development Corp. v. Calvert County Introduction In the landmark case of Sylvia Development Corporation; Karel...

Exhaustion of State Remedies Essential for Federal Jurisdiction Under Title VII: Insights from Carl D. Davis v. North Carolina Department of Correction

Date: Mar 3, 1995

Exhaustion of State Remedies Essential for Federal Jurisdiction Under Title VII: Insights from Carl D. Davis v. North Carolina Department of Correction Introduction Carl D. Davis v. North Carolina...

Qualified Immunity Reinforced in Fourth Circuit: Simmons v. Poe

Date: Mar 2, 1995

Qualified Immunity Reinforced in Fourth Circuit: Simmons v. Poe Introduction Simmons v. Poe is a landmark decision by the United States Court of Appeals for the Fourth Circuit, decided on March 1,...

Affirmation of Conspiracy Convictions and Constraints on Severance and Sentencing Adjustments in Drug Enterprise Cases

Date: Feb 22, 1995

Affirmation of Conspiracy Convictions and Constraints on Severance and Sentencing Adjustments in Drug Enterprise Cases Introduction The case of United States of America v. Sandra Reavis and Lance...