4th Circuit Case Commentaries

Class Action Certification Standards in Securities Fraud Cases: The Fourth Circuit's Decision in Zimmerman et al. v. Bell et al.

Date: Sep 9, 1986

Class Action Certification Standards in Securities Fraud Cases: The Fourth Circuit's Decision in Zimmerman et al. v. Bell et al. Introduction The legal landscape of securities fraud litigation often...

Limits on Class-Wide Discovery in Employment Discrimination Actions: UPS v. Appellants

Date: Aug 19, 1986

Limits on Class-Wide Discovery in Employment Discrimination Actions: UPS v. Appellants Introduction The case of MARCUS ARDREY et al. v. UNITED PARCEL SERVICE (UPS) presents a significant examination...

Virginia Sets Precedent Limiting Punitive Damages in Insurance Bad Faith Claims

Date: Aug 16, 1986

Virginia Sets Precedent Limiting Punitive Damages in Insurance Bad Faith Claims Introduction The case of A E Supply Company, Inc. v. Nationwide Mutual Fire Insurance Company, decided by the United...

Deliberate Indifference in Incarcerated Medical Care: Sosebee v. Murphy et al.

Date: Aug 6, 1986

Deliberate Indifference in Incarcerated Medical Care: Sosebee v. Murphy et al. Introduction Sosebee v. Murphy et al. is a pivotal case adjudicated by the United States Court of Appeals for the Fourth...

Affirming FBI's Authority to Withhold Classified Information under FOIA Exemptions: Simmons v. U.S. Department of Justice

Date: Aug 1, 1986

Affirming FBI's Authority to Withhold Classified Information under FOIA Exemptions: Simmons v. U.S. Department of Justice Introduction In Simmons v. United States Department of Justice, 796 F.2d 709...

Reaffirming the Weight of Treating Physicians' Opinions in Disability Determinations: Analysis of Arnita Smith v. Secretary Schweiker

Date: Jul 3, 1986

Reaffirming the Weight of Treating Physicians' Opinions in Disability Determinations: Analysis of Arnita Smith v. Secretary Schweiker Introduction Arnita Smith v. Richard S. Schweiker, Secretary,...

Forrisi v. Bowen: Clarifying 'Handicap' Limits under the Rehabilitation Act

Date: Jun 26, 1986

Forrisi v. Bowen: Clarifying 'Handicap' Limits under the Rehabilitation Act Introduction Forrisi v. Bowen, 794 F.2d 931 (4th Cir. 1986), is a pivotal case that examines the scope of protections under...

Good Faith Assessment in Chapter 13 Bankruptcy: Neufeld v. Freeman Establishes Relevance of Pre-Petition Conduct and Prior Filings

Date: Jun 19, 1986

Good Faith Assessment in Chapter 13 Bankruptcy: Neufeld v. Freeman Establishes Relevance of Pre-Petition Conduct and Prior Filings Introduction The case William Neufeld, Creditor, Appellant v. Susan...

Employer Knowledge Requirement in FLSA Overtime Claims: Food Lion v. Davis

Date: Jun 17, 1986

Employer Knowledge Requirement in FLSA Overtime Claims: Food Lion v. Davis Introduction The case of Jerry S. Davis, Appellant, and James O. Slice and Jack L. Pforr, Plaintiffs versus Food Lion,...

Fourth Circuit Upholds First Amendment Rights: Virginia's Juvenile Protection Display Law Declared Unconstitutional

Date: Jun 13, 1986

Fourth Circuit Upholds First Amendment Rights: Virginia's Juvenile Protection Display Law Declared Unconstitutional Introduction In the landmark case American Booksellers Association, Inc. v....

Interpretation of Plea Agreements: United States v. Michael Lee Harvey

Date: May 23, 1986

Interpretation of Plea Agreements: United States v. Michael Lee Harvey Introduction United States of America v. Michael Lee Harvey, 791 F.2d 294, adjudicated by the United States Court of Appeals for...

Substantial Evidence Standard in Disability Benefits: Lovejoy v. Heckler

Date: May 17, 1986

Substantial Evidence Standard in Disability Benefits: Lovejoy v. Heckler Introduction The case of Greathel M. Lovejoy v. Margaret M. Heckler, Secretary of Health and Human Services (790 F.2d 1114)...

Extension of Pre-Petition Security Interests to Post-Petition Assets in Bankruptcy: Smith v. Dairymen, Inc.

Date: May 15, 1986

Extension of Pre-Petition Security Interests to Post-Petition Assets in Bankruptcy: Smith v. Dairymen, Inc. Introduction The case of Richard L. Smith, Appellant versus Dairymen, Inc., along with...

Mutual Intent Crucial for Alimony Dischargeability in Bankruptcy: Tilley v. Jessee

Date: May 6, 1986

Mutual Intent Crucial for Alimony Dischargeability in Bankruptcy: Tilley v. Jessee Introduction Tilley v. Jessee is a pivotal case decided by the United States Court of Appeals for the Fourth Circuit...

Limits on Human Factors Expertise: A New Standard from Scott v. Sears

Date: May 2, 1986

Limits on Human Factors Expertise: A New Standard from Scott v. Sears Introduction The case of Margaret Scott v. Sears, Roebuck Company, decided by the United States Court of Appeals for the Fourth...

Lex Loci Delicti and Amendment Rules in Strict Liability Cases: Quillen v. International Playtex, Inc.

Date: Apr 25, 1986

Lex Loci Delicti and Amendment Rules in Strict Liability Cases: Quillen v. International Playtex, Inc. Introduction The case of Laura Quillen v. International Playtex, Inc. (789 F.2d 1041) presented...

Reallocation of Burden of Proof Under the Fair Labor Standards Act: Clark v. Benson

Date: Apr 25, 1986

Reallocation of Burden of Proof Under the Fair Labor Standards Act: Clark v. Benson Introduction The case of Martha Skidmore Clark v. J.M. Benson Company, Inc. (789 F.2d 282) was adjudicated by the...

Ensuring Procedural Fairness in Voluntary Dismissals: Insights from S.A. Andes v. Versant Corporation

Date: Apr 23, 1986

Ensuring Procedural Fairness in Voluntary Dismissals: Insights from S.A. Andes v. Versant Corporation Introduction The case of S.A. Andes, Appellant v. Versant Corporation, Defendant, and First...

Fourth Circuit Clarifies Reasonableness Standards for Attorney's Fees and Expenses under 42 U.S.C. §1988

Date: Apr 22, 1986

Fourth Circuit Clarifies Reasonableness Standards for Attorney's Fees and Expenses under 42 U.S.C. §1988 Introduction In the case of George Daly, Nicholas Street, and David Layton, Appellants, v....

Enforcement of Arbitration Agreements and Timing Limitations: Insights from Taylor v. Nelson

Date: Apr 12, 1986

Enforcement of Arbitration Agreements and Timing Limitations: Insights from Taylor v. Nelson Introduction The case of Donald F. Taylor v. Willie Nelson et al., decided by the United States Court of...

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