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  • Commentaries
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4th Circuit Case Commentaries

Bel-Loc Diner v. Donovan: Affirming Willful FLSA Violations and Extending Statute of Limitations

Bel-Loc Diner v. Donovan: Affirming Willful FLSA Violations and Extending Statute of Limitations

Date: Dec 19, 1985
Bel-Loc Diner v. Donovan: Affirming Willful FLSA Violations and Extending Statute of Limitations Introduction The case of Raymond J. Donovan, Secretary of Labor, United States Department of Labor...
ERISA Preemption of State Law Claims in Employee Benefit Plan Administration: Powell v. Chesapeake and Potomac Telephone Company of Virginia

ERISA Preemption of State Law Claims in Employee Benefit Plan Administration: Powell v. Chesapeake and Potomac Telephone Company of Virginia

Date: Dec 19, 1985
ERISA Preemption of State Law Claims in Employee Benefit Plan Administration: Powell v. Chesapeake and Potomac Telephone Company of Virginia Introduction The case of Eleanor Powell v. Chesapeake and...
Defining Custodial Interrogation in Prisons: United States v. James L. Conley

Defining Custodial Interrogation in Prisons: United States v. James L. Conley

Date: Dec 19, 1985
Defining Custodial Interrogation in Prisons: United States v. James L. Conley Introduction United States of America v. James L. Conley, 779 F.2d 970 (4th Cir. 1985), is a pivotal case addressing the...
Enforcement of Arbitration Agreements in Subcontracts under the Federal Arbitration Act: Maxum Foundations v. Salus Corporation

Enforcement of Arbitration Agreements in Subcontracts under the Federal Arbitration Act: Maxum Foundations v. Salus Corporation

Date: Dec 19, 1985
Enforcement of Arbitration Agreements in Subcontracts under the Federal Arbitration Act: Maxum Foundations v. Salus Corporation Introduction Maxum Foundations, Inc. v. Salus Corporation and United...
Reevaluation of Exhaustion of Administrative Remedies under Title VII: An Analysis of Zografov v. V.A. Medical Center

Reevaluation of Exhaustion of Administrative Remedies under Title VII: An Analysis of Zografov v. V.A. Medical Center

Date: Dec 18, 1985
Reevaluation of Exhaustion of Administrative Remedies under Title VII: An Analysis of Zografov v. V.A. Medical Center Introduction Nikolas Zografov, M.D., v. V.A. Medical Center, 779 F.2d 967 (4th...
CIPA and the Admissibility of Classified Information: Insights from United States v. Richard Craig Smith

CIPA and the Admissibility of Classified Information: Insights from United States v. Richard Craig Smith

Date: Dec 5, 1985
CIPA and the Admissibility of Classified Information: Insights from United States v. Richard Craig Smith Introduction The case of United States of America v. Richard Craig Smith, adjudicated by the...
Affirmation of Production Burden Shift in Malice Presumption under North Carolina Law

Affirmation of Production Burden Shift in Malice Presumption under North Carolina Law

Date: Nov 28, 1985
Affirmation of Production Burden Shift in Malice Presumption under North Carolina Law Introduction The case of James E. Davis v. Harry L. Allsbrooks, Warden of the Northampton County Prison; State of...
Maryland Bankruptcy Law: Exemption of Entireties Property in Joint Debt Claims - Sumy v. Schlossberg

Maryland Bankruptcy Law: Exemption of Entireties Property in Joint Debt Claims - Sumy v. Schlossberg

Date: Nov 22, 1985
Maryland Bankruptcy Law: Exemption of Entireties Property in Joint Debt Claims - Sumy v. Schlossberg Introduction Michael Eugene Sumy, the appellant, filed a voluntary Chapter 7 bankruptcy petition...
Onset Date of Disability in Mental Retardation Claims: Branham v. Heckler

Onset Date of Disability in Mental Retardation Claims: Branham v. Heckler

Date: Nov 5, 1985
Onset Date of Disability in Mental Retardation Claims: Branham v. Heckler Introduction The case of Larry R. Branham v. Margaret M. Heckler, Secretary of Health and Human Services, adjudicated by the...
Pro Se Litigation and the Requirement for Clear Claim Presentation: Beaudett v. City of Hampton

Pro Se Litigation and the Requirement for Clear Claim Presentation: Beaudett v. City of Hampton

Date: Nov 5, 1985
Pro Se Litigation and the Requirement for Clear Claim Presentation: Beaudett v. City of Hampton Introduction Bruce Beaudett v. City of Hampton, 775 F.2d 1274 (4th Cir. 1985), addresses the...
Reinforcement of Intracorporate Conspiracy Immunity and Restriction of §1985(3) Whistleblower Claims – Buschi v. Kirven

Reinforcement of Intracorporate Conspiracy Immunity and Restriction of §1985(3) Whistleblower Claims – Buschi v. Kirven

Date: Oct 30, 1985
Reinforcement of Intracorporate Conspiracy Immunity and Restriction of §1985(3) Whistleblower Claims – Buschi v. Kirven Introduction In Brennan Buschi et al. v. Leo E. Kirven, Jr. et al., decided on...
Reaffirmation of Reimbursement Remedies under the Education for All Handicapped Children Act: Hall v. Vance County Board of Education

Reaffirmation of Reimbursement Remedies under the Education for All Handicapped Children Act: Hall v. Vance County Board of Education

Date: Oct 11, 1985
Reaffirmation of Reimbursement Remedies under the Education for All Handicapped Children Act: Hall v. Vance County Board of Education Introduction James A. Hall, IV, by his guardian ad litem, James...
Revisiting Standards for Motions for New Trial and Insurance Subrogation under Virginia Consumer Protection Act: GILL v. ROLLINS PROTECTIVE SERVICES COmpany

Revisiting Standards for Motions for New Trial and Insurance Subrogation under Virginia Consumer Protection Act: GILL v. ROLLINS PROTECTIVE SERVICES COmpany

Date: Sep 27, 1985
Revisiting Standards for Motions for New Trial and Insurance Subrogation under Virginia Consumer Protection Act: GILL v. ROLLINS PROTECTIVE SERVICES COmpany Introduction GILL v. ROLLINS PROTECTIVE...
Limitations on Civil Liability for Device Manufacturers under 18 U.S.C. § 2520

Limitations on Civil Liability for Device Manufacturers under 18 U.S.C. § 2520

Date: Sep 26, 1985
Limitations on Civil Liability for Device Manufacturers under 18 U.S.C. § 2520 Introduction The case Elizabeth Graham Flowers; Frankie Dukes, Appellees v. Tandy Corporation, Appellant, and William...
Ministerial Exception Reinforced in Rayburn v. Seventh-day Adventists

Ministerial Exception Reinforced in Rayburn v. Seventh-day Adventists

Date: Sep 24, 1985
Ministerial Exception Reinforced in Rayburn v. Seventh-day Adventists Introduction Rayburn v. General Conference of Seventh-day Adventists is a landmark case adjudicated by the United States Court of...
Limits on Magistrate Judges' Authority to Conduct Jury Trials under 28 U.S.C. § 636(b)(1)(B): Wimmer v. Cook

Limits on Magistrate Judges' Authority to Conduct Jury Trials under 28 U.S.C. § 636(b)(1)(B): Wimmer v. Cook

Date: Sep 20, 1985
Limits on Magistrate Judges' Authority to Conduct Jury Trials under 28 U.S.C. § 636(b)(1)(B): Wimmer v. Cook Introduction Wimmer v. Cook is a seminal case decided by the United States Court of...
Reichenbach v. Heckler: Establishing the Necessity of Considering Combined Impairments in Disability Determinations

Reichenbach v. Heckler: Establishing the Necessity of Considering Combined Impairments in Disability Determinations

Date: Sep 19, 1985
Reichenbach v. Heckler: Establishing the Necessity of Considering Combined Impairments in Disability Determinations Introduction Merrill W. Reichenbach, a 51-year-old maintenance engineer with a...
Affirmation of Bankruptcy Court’s Application of the Twelve Barber Factors in Attorney's Fee Determination

Affirmation of Bankruptcy Court’s Application of the Twelve Barber Factors in Attorney's Fee Determination

Date: Sep 18, 1985
Affirmation of Bankruptcy Court’s Application of the Twelve Barber Factors in Attorney's Fee Determination Introduction The case of Richard S. Harman et al. v. David R. Levin, Trustee revolves around...
Strict Liability for Hazardous Substance Disposal Under CERCLA: Insights from UNITED STATES v. WARD

Strict Liability for Hazardous Substance Disposal Under CERCLA: Insights from UNITED STATES v. WARD

Date: Sep 10, 1985
Strict Liability for Hazardous Substance Disposal Under CERCLA: Insights from UNITED STATES v. WARD Introduction The case of United States of America, Plaintiff, State of North Carolina,...
ERISA Preemption Confirmed: Severance Pay Plans as Employee Welfare Benefit Plans

ERISA Preemption Confirmed: Severance Pay Plans as Employee Welfare Benefit Plans

Date: Sep 4, 1985
ERISA Preemption Confirmed: Severance Pay Plans as Employee Welfare Benefit Plans Introduction The case of HOLLAND et al. v. BURLINGTON INDUSTRIES, INC. adjudicated by the United States Court of...
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