4th Circuit Case Commentaries

South Carolina Choice of Law Governs Security Interests in Bankruptcy Proceedings – In Re Merritt Dredging Company, Inc.

Date: Feb 13, 1988

South Carolina Choice of Law Governs Security Interests in Bankruptcy Proceedings – In Re Merritt Dredging Company, Inc. Introduction In Re Merritt Dredging Company, Inc., Debtor. Compliance Marine,...

Grady v. A.H. Robins Co.: Affirming Automatic Stay for Pre-Petition Tort Claims

Date: Feb 5, 1988

Grady v. A.H. Robins Co.: Affirming Automatic Stay for Pre-Petition Tort Claims Introduction Grady v. A.H. Robins Company, Inc. is a pivotal case decided by the United States Court of Appeals for the...

Collateral Estoppel in Bankruptcy Proceedings: Comprehensive Analysis of Combs v. Richardson

Date: Jan 30, 1988

Collateral Estoppel in Bankruptcy Proceedings: Comprehensive Analysis of Combs v. Richardson Introduction The case of Fred Combs v. Alvin Richardson, adjudicated by the United States Court of Appeals...

Limits on Defendants' Right to Counsel Substitution and Waiver: United States v. Gallop

Date: Jan 29, 1988

Limits on Defendants' Right to Counsel Substitution and Waiver: United States v. Gallop Introduction United States v. Ishmael Gallop (838 F.2d 105), adjudicated by the United States Court of Appeals...

Affirmation of Summary Judgment in Age Discrimination Case: Goldberg v. Green & Company

Date: Jan 15, 1988

Affirmation of Summary Judgment in Age Discrimination Case: Goldberg v. Green & Company Introduction Goldberg v. Green & Company, Inc. is a seminal case adjudicated by the United States Court of...

Upholding Fair Cross-Section in Jury Selection and Limits on Psychiatric Impeachment: United States v. Cecil et al. (Fourth Circuit, 1988)

Date: Jan 12, 1988

Upholding Fair Cross-Section in Jury Selection and Limits on Psychiatric Impeachment: United States v. Cecil et al. (Fourth Circuit, 1988) Introduction The case of United States of America v. Ronald...

Affirmation of Third-Party Exemptions under 21 U.S.C. § 853(n): UNITED STATES v. RECKMEYER

Date: Dec 29, 1987

Affirmation of Third-Party Exemptions under 21 U.S.C. § 853(n): UNITED STATES v. RECKMEYER Introduction The case United States of America v. William J. Reckmeyer, decided by the United States Court...

Voluntariness of Confessions and the Constitutionality of FISA Surveillance: Insights from Pelton v. United States

Date: Dec 19, 1987

Voluntariness of Confessions and the Constitutionality of FISA Surveillance: Insights from Pelton v. United States Introduction Pelton v. United States is a pivotal case adjudicated by the United...

Deliberate Indifference in Prison Conditions: LaFaut v. Smith et al. Establishes Critical Eighth Amendment Standards

Date: Dec 3, 1987

Deliberate Indifference in Prison Conditions: LaFaut v. Smith et al. Establishes Critical Eighth Amendment Standards Introduction The case of Randy Dean LaFaut v. William French Smith, Margaret...

Strict Standards for Amending Complaints in Medical Malpractice: Insights from Deasy v. Hill

Date: Nov 10, 1987

Strict Standards for Amending Complaints in Medical Malpractice: Insights from Deasy v. Hill Introduction In the case of Charles R. Deasy, Personal Representative of the Estate of Ginger Deasy,...

Prohibition of Pre-Confirmation Distributions to Unsecured Creditors in Chapter 11 Bankruptcy

Date: Nov 4, 1987

Prohibition of Pre-Confirmation Distributions to Unsecured Creditors in Chapter 11 Bankruptcy Introduction The case of The Official Committee of Equity Security Holders v. Ralph R. Mabey et al., 832...

Fourth Circuit Upholds Contractual Exclusion of Consequential Damages Under Michigan Law in Mining Machinery Litigation

Date: Oct 28, 1987

Fourth Circuit Upholds Contractual Exclusion of Consequential Damages Under Michigan Law in Mining Machinery Litigation Introduction In the case of Island Creek Coal Company; Garden Creek Pocahontas...

Jurisdictional Boundaries in Extradition: Pressly v. Embodying Federal Habeas Limitations

Date: Oct 22, 1987

Jurisdictional Boundaries in Extradition: Pressly v. Embodying Federal Habeas Limitations Introduction In the landmark case of Francis Hunter Pressly v. H.H. Gregory et al., the United States Court...

Reversal of Disability Determination in Doris D. Edwards v. Otis R. Bowen

Date: Oct 8, 1987

Reversal of Disability Determination in Doris D. Edwards v. Otis R. Bowen: Implications for Residual Functional Capacity Assessments Introduction The case of Doris D. Edwards v. Otis R. Bowen,...

Establishing Limits on Employer Liability in Sexual Harassment Cases: Swentek v. USAIR

Date: Oct 8, 1987

Establishing Limits on Employer Liability in Sexual Harassment Cases: Swentek v. USAIR Introduction Swentek v. USAIR is a landmark case decided by the United States Court of Appeals for the Fourth...

LaVay v. Dominion Federal Savings Loan Association: Statute of Limitations Bars Punitive Damages for Breach of Fiduciary Duty

Date: Oct 3, 1987

LaVay v. Dominion Federal Savings Loan Association: Statute of Limitations Bars Punitive Damages for Breach of Fiduciary Duty Introduction The case of The LaVay Corporation; Gerard M. LaVay,...

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