4th Circuit Case Commentaries

Reaffirming the Well-Pleaded Complaint Rule: Cook v. Georgetown Steel Corporation

Date: Aug 30, 1985

Reaffirming the Well-Pleaded Complaint Rule: Cook v. Georgetown Steel Corporation 1. Introduction The case of James Donald Cook et al. v. Georgetown Steel Corporation (770 F.2d 1272) adjudicated by...

Clarifying Constructive Discharge in ADEA Claims: Bristow v. The Daily Press, Inc.

Date: Aug 23, 1985

Clarifying Constructive Discharge in ADEA Claims: Bristow v. The Daily Press, Inc. Introduction James B. Bristow, the appellant, filed a lawsuit against his former employer, The Daily Press, Inc.,...

Automated Medical Laboratories v. United States: Corporate Criminal Liability under 18 U.S.C. § 371 and § 1001

Date: Aug 16, 1985

Automated Medical Laboratories v. United States: Corporate Criminal Liability under 18 U.S.C. § 371 and § 1001 Introduction The case of United States of America v. Automated Medical Laboratories,...

Substitution of Plaintiff and Damage Offset in ADEA Claims: Fariss v. Lynchburg Foundry Analysis

Date: Aug 6, 1985

Substitution of Plaintiff and Damage Offset in ADEA Claims: Fariss v. Lynchburg Foundry Analysis Introduction The case of Marguerite Fariss, Administratrix of the Estate of Ewell W. Fariss,...

Affirmation of RICO and Continuing Criminal Enterprise Convictions: Insights from United States v. Love et al.

Date: Jul 4, 1985

Affirmation of RICO and Continuing Criminal Enterprise Convictions: Insights from United States v. Love et al. Introduction The case of United States of America v. Newby Franklin Love, Sue Robinson...

Affirming §363(m) Protections for Good Faith Purchasers and Limiting Debtor Standing: Willemain v. Kivitz

Date: Jun 21, 1985

Affirming §363(m) Protections for Good Faith Purchasers and Limiting Debtor Standing: Willemain v. Kivitz Introduction Willemain v. Kivitz, 764 F.2d 1019 (4th Cir. 1985), is a pivotal case in...

Fourth Circuit Upholds Enforceability of ERISA Pension Fund's Anti-Assignment Provision in Bankruptcy Proceedings

Date: May 25, 1985

Fourth Circuit Upholds Enforceability of ERISA Pension Fund's Anti-Assignment Provision in Bankruptcy Proceedings Introduction The case of Harry Lee McLean; W. Keenan Stephenson, Jr., Appellees v....

TERRY'S FLOOR FASHIONS v. BURLINGTON INDUSTRIES: Upholding Antitrust Principles in Distributor Agreements

Date: May 24, 1985

TERRY'S FLOOR FASHIONS v. BURLINGTON INDUSTRIES: Upholding Antitrust Principles in Distributor Agreements Introduction In the landmark case of TERRY'S FLOOR FASHIONS, INC. v. BURLINGTON INDUSTRIES,...

Upholding the 'Arbitrary and Capricious' Standard in ERISA Fiduciary Decisions: Berry v. Ciba-Geigy

Date: May 14, 1985

Upholding the 'Arbitrary and Capricious' Standard in ERISA Fiduciary Decisions: Berry v. Ciba-Geigy Introduction The case of Hebra A. Berry v. Ciba-Geigy Corporation serves as a pivotal decision in...

Limitations on §1983 Actions for Individual Police Officers and Government Entities in Search and Arrest Cases

Date: May 11, 1985

Limitations on §1983 Actions for Individual Police Officers and Government Entities in Search and Arrest Cases Introduction In the case of Steven Simons v. Montgomery County Police Officers et al.,...

Eighth Amendment Protections Applied to Prison Violence Risks: Fourth Circuit's Decision in Shrader et al. v. White et al.

Date: May 10, 1985

Eighth Amendment Protections Applied to Prison Violence Risks: Fourth Circuit's Decision in Shrader et al. v. White et al. Introduction In the landmark case of Shrader et al. v. White et al., decided...

Choice of Law and Collateral Estoppel in Maritime Torts: A Comprehensive Commentary on Dracos v. Hellenic Lines

Date: May 10, 1985

Choice of Law and Collateral Estoppel in Maritime Torts: A Comprehensive Commentary on Dracos v. Hellenic Lines Introduction Maria Dracos, as administratrix of the estate of Nicholas Dracos,...

Carter v. Norfolk Community Hospital: Defining State Action in § 1983 Claims

Date: May 9, 1985

Carter v. Norfolk Community Hospital: Defining State Action in § 1983 Claims Introduction Carter v. Norfolk Community Hospital Association, Inc. is a pivotal case decided by the United States Court...

Enhanced Due Process in Wrongful Arrest: Gay v. Wall

Date: May 9, 1985

Enhanced Due Process in Wrongful Arrest: Gay v. Wall Introduction Gay v. Wall is a pivotal case adjudicated by the United States Court of Appeals for the Fourth Circuit in 1985. The appellant, Larry...

Fourth Circuit Upholds Admissibility of Prior Bad Acts under Rule 404(b) Over Rule 608(b) in Bid Rigging Conspiracy Case

Date: Apr 23, 1985

Fourth Circuit Upholds Admissibility of Prior Bad Acts under Rule 404(b) Over Rule 608(b) in Bid Rigging Conspiracy Case Introduction The case of United States of America v. Smith Grading and Paving,...

Waiver of Statute of Limitations and Preemption of State Law in Duty of Fair Representation Claims: Peterson v. ALPA

Date: Apr 16, 1985

Waiver of Statute of Limitations and Preemption of State Law in Duty of Fair Representation Claims: Peterson v. ALPA Introduction Howard B. Peterson, III, a former pilot for Piedmont Aviation, Inc.,...

Fourth Circuit Clarifies 'But For' Causation Standard in Title VII Retaliation and Limits Collateral Estoppel from State Unemployment Decisions

Date: Apr 13, 1985

Fourth Circuit Clarifies 'But For' Causation Standard in Title VII Retaliation and Limits Collateral Estoppel from State Unemployment Decisions Introduction In the landmark case Thomas J. Ross v....

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