4th Circuit Case Commentaries

Fourth Circuit Clarifies Non-Appealability of Orders Denying Court-Appointed Counsel in Civil Rights Cases

Date: Mar 27, 1987

Fourth Circuit Clarifies Non-Appealability of Orders Denying Court-Appointed Counsel in Civil Rights Cases Introduction In the seminal case of James Henry Miller v. R.D. Simmons et al., decided on...

Affirmation of Bank Fraud Convictions and Social Security Misrepresentation: United States v. Robert E. Bales

Date: Mar 19, 1987

Affirmation of Bank Fraud Convictions and Social Security Misrepresentation: United States v. Robert E. Bales Introduction The case of United States of America v. Robert E. Bales, adjudicated by the...

Fourth Circuit Establishes Clear Liability Standards for Police Indifference Under §1983

Date: Mar 19, 1987

Fourth Circuit Establishes Clear Liability Standards for Police Indifference Under §1983 Introduction In the landmark case of Paul Anthony Cooper v. Officers Dyke, Markert, and Morseberger, the...

Strict Requirements for Relief from Default Judgment under Fed.R.Civ.P. 60(b) - Lexington Insurance Case Commentary

Date: Mar 4, 1987

Strict Requirements for Relief from Default Judgment under Fed.R.Civ.P. 60(b) – Lexington Insurance Case Commentary Introduction The case of PARK CORPORATION, A NEVADA CORPORATION AND PARK...

RICO Standing for Securities Fraud Limited to Actual Purchasers and Sellers

Date: Feb 21, 1987

RICO Standing for Securities Fraud Limited to Actual Purchasers and Sellers Introduction The case of International Data Bank, Ltd. v. Eugene Zepkin; Harold Grossman; Southern Investment Corporation;...

Judicial Impartiality and Disqualification: Insights from In re Diana R. Beard Case

Date: Feb 12, 1987

Judicial Impartiality and Disqualification: Insights from In re Diana R. Beard Case Introduction The case In re Diana R. Beard, et al., Petitioners (811 F.2d 818) adjudicated by the United States...

Ambiguity in Right of First Refusal Offers: Fourth Circuit Reverses Summary Judgment on Breach of Contract Claim in Pulliam v. Cameo Properties

Date: Feb 10, 1987

Ambiguity in Right of First Refusal Offers: Fourth Circuit Reverses Summary Judgment on Breach of Contract Claim in Pulliam v. Cameo Properties Introduction The case of Pulliam Investment Co., Inc....

Establishment of Strict Rule 11 Sanctions: Cabell v. Petty et al.

Date: Feb 6, 1987

Establishment of Strict Rule 11 Sanctions: Cabell v. Petty et al. (810 F.2d 463) Introduction The case of Cabell v. Petty et al. is a significant judicial decision rendered by the United States Court...

Access to Legal Resources in Temporary Correctional Facilities: Insights from Magee v. Waters

Date: Feb 5, 1987

Access to Legal Resources in Temporary Correctional Facilities: Insights from Magee v. Waters Introduction The case of Joseph Emmett Magee v. G.W. Waters, Sheriff, Portsmouth City Jail presents a...

Reversing Substantial Evidence: Murphy v. Bowen Establishes Rigorous Standards for Disability Determinations

Date: Jan 31, 1987

Reversing Substantial Evidence: Murphy v. Bowen Establishes Rigorous Standards for Disability Determinations Introduction In Murphy v. Bowen, the United States Court of Appeals for the Fourth Circuit...

First Amendment Access Rights Extended to Plea and Sentencing Hearings: In re Washington Post Company

Date: Dec 12, 1986

First Amendment Access Rights Extended to Plea and Sentencing Hearings: In re Washington Post Company Introduction In re Washington Post Company is a landmark case decided by the United States Court...

Waiver of Exhaustion Requirements and Equitable Tolling in Disability Claims: HYATT v. HECKLER Analysis

Date: Dec 6, 1986

Waiver of Exhaustion Requirements and Equitable Tolling in Disability Claims: HYATT v. HECKLER Analysis Introduction The case of Patrick H. Hyatt, Herman O. Caudle, and Mary P. Lovingood, on behalf...

Exhaustion of State Remedies Mandated in Habeas Corpus Actions for Civil Contempt Imprisonment

Date: Nov 11, 1986

Exhaustion of State Remedies Mandated in Habeas Corpus Actions for Civil Contempt Imprisonment Introduction The case of Leonard and Casselbury v. Hammond and Neely addresses critical issues...

Affirmation of Bankruptcy Court's Authority to Impose Sanctions for Automatic Stay Violations under 11 U.S.C. § 362(h)

Date: Nov 4, 1986

Affirmation of Bankruptcy Court's Authority to Impose Sanctions for Automatic Stay Violations under 11 U.S.C. § 362(h) in Budget Services Company v. Better Homes of Virginia Introduction In the case...

U.C.C. §25-9-206 Upholds Assignee's Rights in Equipment Lease Disputes

Date: Oct 31, 1986

U.C.C. §25-9-206 Upholds Assignee's Rights in Equipment Lease Disputes Introduction The case of Leasing Service Corporation v. Fred Lee Crane, William Donald Crane, and Crane Brothers Well Drilling,...

Procedural Default in Federal Habeas Corpus: Whitley v. Bair, Fourth Circuit, 1986

Date: Oct 7, 1986

Procedural Default in Federal Habeas Corpus: Whitley v. Bair, Fourth Circuit, 1986 Introduction The case of Richard L. Whitley v. Toni V. Bair, Warden, Mecklenburg Correctional Center adjudicated by...

Balancing Conflicting Injunctions and Intervention Rights in Labor Certification: Feller v. Brock

Date: Oct 3, 1986

Balancing Conflicting Injunctions and Intervention Rights in Labor Certification: Feller v. Brock Introduction The case of Homer Feller, D/B/A Mount Levels Orchards and Farms, Appellee v. William E....

Fourth Circuit Affirms Drug Conspiracy Convictions While Reversing Perjury Conviction in Tedder v. USA

Date: Sep 30, 1986

Fourth Circuit Affirms Drug Conspiracy Convictions While Reversing Perjury Conviction in Tedder v. United States Introduction In the landmark case of United States of America v. David L. Tedder,...

Res Judicata in Corporate Fraud Cases: Insights from Harnett v. Billman et al.

Date: Sep 17, 1986

Res Judicata in Corporate Fraud Cases: Insights from Harnett v. Billman et al. Introduction The case of William J. Harnett v. Tom J. Billman, Clayton C. McCuistion, et al., adjudicated by the United...

Assault and Battery Exception under the Federal Tort Claims Act: Analysis of Thigpen and Kramber v. United States

Date: Sep 11, 1986

Assault and Battery Exception under the Federal Tort Claims Act: Analysis of Thigpen and Kramber v. United States Introduction Thigpen and Kramber v. United States is a pivotal case adjudicated by...

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