4th Circuit Case Commentaries

Balancing Federal Discovery Rules and International Conventions in Personal Jurisdiction Disputes: Analysis of Rich v. KIS California (1988)

Date: Jun 23, 1988

Balancing Federal Discovery Rules and International Conventions in Personal Jurisdiction Disputes: Analysis of Rich v. KIS California (1988) Introduction In the landmark case of Rich et al. v. KIS...

Excessive Force and Medical Neglect in Arrest: Martin v. County Defendants

Date: Jun 18, 1988

Excessive Force and Medical Neglect in Arrest: Martin v. County Defendants Introduction In the landmark case of Felicisimo N. Martin v. County Defendants, the United States Court of Appeals for the...

Alvarado v. Board of Trustees: Expanding Employer Identification under Title VII

Date: Jun 4, 1988

Alvarado v. Board of Trustees: Expanding Employer Identification under Title VII Introduction The case Arcangel Alvarado v. Board of Trustees of Montgomery Community College (848 F.2d 457)...

Probable Cause Affirmed in Drug-Related Arrest Based on Totality of Circumstances – United States v. Garcia

Date: Jun 2, 1988

Probable Cause Affirmed in Drug-Related Arrest Based on Totality of Circumstances – United States v. Garcia Introduction In the case of United States of America v. Jorge Manuel Garcia (848 F.2d 58),...

Fourth Amendment Implications on Canine Searches in Train Compartments: United States v. Whitehead

Date: May 25, 1988

Fourth Amendment Implications on Canine Searches in Train Compartments: United States v. Whitehead Introduction In United States of America v. Conrad Whitehead, II, the United States Court of Appeals...

Establishing Transferable Skills: A Precedent in SSI Disability Determinations - Pyles v. Bowen

Date: May 21, 1988

Establishing Transferable Skills: A Precedent in SSI Disability Determinations - Pyles v. Bowen Introduction SHEILA PYLES v. OTIS R. BOWEN is a landmark case adjudicated by the United States Court of...

Clarifying Qualified Immunity and Probable Cause Standards: Sevigny v. Dicksey

Date: May 19, 1988

Clarifying Qualified Immunity and Probable Cause Standards: Sevigny v. Dicksey Introduction Diana Pepper Sevigny, a single mother, initiated a legal action against Andrew F. Dicksey, a police...

Enhancing Hearsay Exceptions in Child Abuse Litigation: Foretich v. Morgan

Date: May 18, 1988

Enhancing Hearsay Exceptions in Child Abuse Litigation: Foretich v. Morgan Introduction Foretich v. Morgan, 846 F.2d 941 (4th Cir. 1988), is a pivotal case in the realm of child abuse litigation,...

Affirming Qualified Privilege and Public Access in Defamation: Rushford v. The New Yorker (1988)

Date: May 7, 1988

Affirming Qualified Privilege and Public Access in Defamation: Rushford v. The New Yorker (1988) Introduction The case of Greg Rushford v. The New Yorker Magazine, Inc. adjudicated in the United...

Qualified Immunity and Fourth Amendment Rights: Turner v. Dammon et al. Analysis

Date: May 4, 1988

Qualified Immunity and Fourth Amendment Rights: Turner v. Dammon et al. Analysis Introduction Turner v. Dammon et al., 848 F.2d 440 (4th Cir. 1988), is a pivotal case addressing the boundaries of...

Ineffective Assistance of Counsel in Insanity Defense: Analyzing Hooper v. Garraghty

Date: May 4, 1988

Ineffective Assistance of Counsel in Insanity Defense: Analyzing Hooper v. Garraghty Introduction The case of Gerald R. Hooper v. D.A. Garraghty et al., decided by the United States Court of Appeals...

State Tort Claims for Vaccine Defects Not Preempted by Federal Law: Analysis of Abbot v. American Cyanamid

Date: Apr 21, 1988

State Tort Claims for Vaccine Defects Not Preempted by Federal Law: Analysis of Abbot v. American Cyanamid Introduction The case Tracy Isabel Abbot v. American Cyanamid Co. addressed the critical...

Supremacy of ERISA Preemption Over Law of the Case Doctrine: Sejman et al. v. Warner-Lambert Company

Date: Apr 19, 1988

Supremacy of ERISA Preemption Over Law of the Case Doctrine: Sejman et al. v. Warner-Lambert Company Introduction The case of Sejman et al. v. Warner-Lambert Company addressed the critical interplay...

Fourth Circuit Upholds Procedural Default in Habeas Corpus Petitions: Clanton v. Muncy

Date: Apr 15, 1988

Fourth Circuit Upholds Procedural Default in Habeas Corpus Petitions: Clanton v. Muncy Introduction Clanton v. Muncy, 845 F.2d 1238 (4th Cir. 1988), is a pivotal case in the realm of federal habeas...

Revisiting Rule 60(b): Augusta Fiberglass Coatings v. Fodor Contracting – A Comprehensive Commentary

Date: Apr 8, 1988

Revisiting Rule 60(b): Augusta Fiberglass Coatings v. Fodor Contracting – A Comprehensive Commentary Introduction The case of Augusta Fiberglass Coatings, Inc. v. Fodor Contracting Corporation,...

Espionage Act Expanded: Press Leaks Now Criminalized under §§793(d)-(e)

Date: Apr 2, 1988

Espionage Act Expanded: Press Leaks Now Criminalized under §§793(d)-(e) Introduction The case of United States of America v. Samuel Loring Morison (844 F.2d 1057, 4th Cir. 1988) marks a significant...

Requirement to Allege Interstate Commerce Effect in RICO Indictments: United States v. Hooker

Date: Mar 11, 1988

Requirement to Allege Interstate Commerce Effect in RICO Indictments: United States v. Hooker Introduction The case of United States of America v. J. Murray Hooker, II, 841 F.2d 1225 (4th Cir. 1988),...

Directors' Personal Liability for Corporate Debts Post-Dissolution: Flip Mortgage Inc. v. McElhone

Date: Mar 5, 1988

Directors' Personal Liability for Corporate Debts Post-Dissolution: Flip Mortgage Inc. v. McElhone Introduction Flip Mortgage Corporation v. McElhone is a pivotal case decided by the United States...

Procedural Due Process in Decertification of Contract Employees: Harrison v. United States Postal Service

Date: Feb 26, 1988

Procedural Due Process in Decertification of Contract Employees: Harrison v. United States Postal Service Introduction The case of Leslie A. Harrison v. United States Postal Service addresses...

Rivanna Trawlers Unlimited v. Defendants-Appellees: General Partnership Interests Not Classified as Securities

Date: Feb 23, 1988

Rivanna Trawlers Unlimited v. Defendants-Appellees: General Partnership Interests Not Classified as Securities Introduction Rivanna Trawlers Unlimited, A Virginia General Partnership and its...

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