4th Circuit Case Commentaries

Limitations on Mandamus Relief for Discretionary Venue Decisions: IN RE RALSTON PURINA COMPANY

Date: Feb 9, 1984

Limitations on Mandamus Relief for Discretionary Venue Decisions: IN RE RALSTON PURINA COMPANY Introduction The case of IN RE RALSTON PURINA COMPANY, PETITIONER (726 F.2d 1002), adjudicated by the...

Affirmation of Grid Regulations in Disability Determinations Involving Nonexertional Impairments

Date: Jan 25, 1984

Affirmation of Grid Regulations in Disability Determinations Involving Nonexertional Impairments Introduction The case of Charles Daniel Smith v. Richard S. Schweiker, decided by the United States...

Brady v. Thurston Motor Lines: Affirmation of Burden of Proof Allocation under Title VII

Date: Jan 19, 1984

Brady v. Thurston Motor Lines: Affirmation of Burden of Proof Allocation under Title VII Introduction Brady v. Thurston Motor Lines, Inc., 726 F.2d 136 (4th Cir. 1984), is a pivotal appellate...

Fourth Circuit Establishes Requirement for Explicit Weighting of Medical Evidence in Social Security Disability Determinations

Date: Jan 12, 1984

Fourth Circuit Establishes Requirement for Explicit Weighting of Medical Evidence in Social Security Disability Determinations Introduction The case of Owen L. Gordon v. Richard S. Schweiker,...

Redlining Practices and McCarran-Ferguson Act: Insights from Mackey v. Nationwide Insurance Companies

Date: Jan 7, 1984

Redlining Practices and McCarran-Ferguson Act: Insights from Mackey v. Nationwide Insurance Companies Introduction Mackey v. Nationwide Insurance Companies, 724 F.2d 419 (4th Cir. 1984), is a pivotal...

Fourth Circuit Upholds Employer’s Authority to Modify Contingent Benefits in Division Sale Under ERISA

Date: Dec 31, 1983

Fourth Circuit Upholds Employer’s Authority to Modify Contingent Benefits in Division Sale Under ERISA Introduction The case of Sutton et al. v. Weirton Steel Division of National Steel Corporation...

Affirmation of Habeas Corpus Denial in Capital Punishment: Hutchins v. Garrison

Date: Dec 30, 1983

Affirmation of Habeas Corpus Denial in Capital Punishment: Hutchins v. Garrison Introduction Hutchins v. Garrison (724 F.2d 1425) is a pivotal case adjudicated by the United States Court of Appeals...

Defining Employee Status under the Age Discrimination in Employment Act: Garrett v. Phillips Mills, Inc.

Date: Nov 24, 1983

Defining Employee Status under the Age Discrimination in Employment Act: Garrett v. Phillips Mills, Inc. Introduction Garrett v. Phillips Mills, Inc. (721 F.2d 979) is a pivotal case adjudicated by...

ITCO v. Michelin: Establishing State-Level Unfair Trade Practices Claims Post Federal Antitrust Dismissal

Date: Nov 24, 1983

ITCO v. Michelin: Establishing State-Level Unfair Trade Practices Claims Post Federal Antitrust Dismissal Introduction In the landmark case of ITCO Corporation v. Michelin Tire Corporation, decided...

Establishing the Substantial Evidence Standard in Aiding and Abetting Convictions: United States v. Arrington

Date: Oct 15, 1983

Establishing the Substantial Evidence Standard in Aiding and Abetting Convictions: United States v. Arrington Introduction In United States v. Arrington, 719 F.2d 701 (4th Cir. 1983), the United...

ROSS v. REED: Affirmation of Qualified Immunity for Correctional Officials in First and Eighth Amendment Claims

Date: Oct 13, 1983

ROSS v. REED: Affirmation of Qualified Immunity for Correctional Officials in First and Eighth Amendment Claims Introduction ROSS v. REED is a seminal case decided by the United States Court of...

Defending Against Frivolous Title VII Claims: The Arnold v. Burger King Decision

Date: Oct 6, 1983

Defending Against Frivolous Title VII Claims: The Arnold v. Burger King Decision Introduction In the landmark case of James D. Arnold, Jr. v. Burger King Corporation and Fickling Enterprises,...

Adoption of Magistrate's Findings Without Objection: Camby v. Davis & Lester

Date: Oct 4, 1983

Adoption of Magistrate's Findings Without Objection: Camby v. Davis & Lester Introduction David E. Camby filed a § 1983 action against police officers Larry Davis and James M. Lester, alleging that...

Municipal Liability under Monell Requires Evidence of Official Policy or Gross Negligence: Analysis of Wellington v. Daniels

Date: Sep 20, 1983

Municipal Liability under Monell Requires Evidence of Official Policy or Gross Negligence: Analysis of Wellington v. Daniels Introduction Wellington v. Daniels is a pivotal case decided by the United...

EAJA Application in Social Security Cases: Guthrie v. Schweiker

Date: Sep 20, 1983

EAJA Application in Social Security Cases: Guthrie v. Schweiker Introduction Paul W. Guthrie v. Richard S. Schweiker, Secretary of Health and Human Services, 718 F.2d 104 (4th Cir. 1983), is a...

Standing and Mootness in §1983 Claims: Insights from Buie v. Jones

Date: Sep 16, 1983

Standing and Mootness in §1983 Claims: Insights from Buie v. Jones Introduction The case of James Earl Buie v. Otis Jones et al., adjudicated by the United States Court of Appeals for the Fourth...

Scott v. Greenville County: Affirming Developer Rights in Zoning Disputes

Date: Sep 15, 1983

Scott v. Greenville County: Affirming Developer Rights in Zoning Disputes Introduction Scott v. Greenville County is a pivotal case decided by the United States Court of Appeals for the Fourth...

Upholding Retroactive Withdrawal Liability: Republic Industries v. Teamsters Joint Council No. 83 of Virginia Pension Fund

Date: Sep 10, 1983

Upholding Retroactive Withdrawal Liability: Republic Industries v. Teamsters Joint Council No. 83 of Virginia Pension Fund Introduction The case of Republic Industries, Inc., a Delaware Corporation,...

Dismissal of Improper Motion to Reconsider: Insights from ABOVE THE BELT, INC. v. MEL BOHANNAN ROOFING, INC.

Date: Sep 2, 1983

Dismissal of Improper Motion to Reconsider: Insights from ABOVE THE BELT, INC. v. MEL BOHANNAN ROOFING, INC. Introduction The case of ABOVE THE BELT, INC. v. MEL BOHANNAN ROOFING, INC. (99 F.R.D. 99)...

Reaffirmation of Burden of Proof and Vocational Evidence in Nonexertional Disability Claims: McLain v. Schweiker

Date: Sep 2, 1983

Reaffirmation of Burden of Proof and Vocational Evidence in Nonexertional Disability Claims: McLain v. Schweiker Introduction Leon B. McLain v. Richard S. Schweiker, Secretary, Department of Health...

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