4th Circuit Case Commentaries

Reaffirming the Sufficiency of Circumstantial Evidence for First-Degree Murder Convictions Without the Presence of the Corpus Delicti

Date: Jul 18, 1992

Reaffirming the Sufficiency of Circumstantial Evidence for First-Degree Murder Convictions Without the Presence of the Corpus Delicti Introduction The case of United States of America v. Robert Peter...

Gardner v. City of Baltimore: Reinforcing Municipal Discretion in Land-Use Decisions

Date: Jul 7, 1992

Gardner v. City of Baltimore: Reinforcing Municipal Discretion in Land-Use Decisions Introduction Gardner v. City of Baltimore ([969 F.2d...

Reaffirming ERISA's Primacy: Limits on Estoppel and Fiduciary Duties in Group Health Insurance Plans

Date: Jul 2, 1992

Reaffirming ERISA's Primacy: Limits on Estoppel and Fiduciary Duties in Group Health Insurance Plans Introduction The case of Joanne W. Coleman v. Nationwide Life Insurance Company, adjudicated by...

Deliberate Indifference and Qualified Immunity in Jail Suicide: Gordon v. Defendants

Date: Jul 2, 1992

Deliberate Indifference and Qualified Immunity in Jail Suicide: Gordon v. Defendants Introduction The case of Gordon v. [Defendants], adjudicated by the United States Court of Appeals for the Fourth...

Clarifying Rule 26(b)(3) Work Product Immunity: National Union Fire Insurance Co. v. Murray Sheet Metal Co.

Date: Jun 20, 1992

Clarifying Rule 26(b)(3) Work Product Immunity: National Union Fire Insurance Co. v. Murray Sheet Metal Co. Introduction The case of National Union Fire Insurance Company of Pittsburgh, PA.,...

Sovereign Immunity and the Limits of the Alien Tort Statute: Analysis of Goldstar v. United States

Date: Jun 17, 1992

Sovereign Immunity and the Limits of the Alien Tort Statute: Analysis of Goldstar v. United States Introduction The case of Goldstar (Panama) S.A. et al. v. United States of America serves as a...

Purity-Adjusted Controlled Substance Quantities and Sentencing Guidelines Departures: Rusher v. USA

Date: Jun 4, 1992

Purity-Adjusted Controlled Substance Quantities and Sentencing Guidelines Departures: Rusher v. USA 1. Introduction The case of United States of America v. David Lee Rusher, decided by the United...

Fourth Circuit Upholds CERCLA Liability for Facility Owners Amid Passive Hazardous Waste Disposal

Date: May 30, 1992

Fourth Circuit Upholds CERCLA Liability for Facility Owners Amid Passive Hazardous Waste Disposal Introduction In the landmark case of NURAD, Incorporated v. William E. Hooper Sons Company et al.,...

Maintaining Counsel Integrity in Class Actions: Shaffer v. Farm Fresh, Inc. Analysis

Date: May 23, 1992

Maintaining Counsel Integrity in Class Actions: Shaffer v. Farm Fresh, Inc. Analysis Introduction Shaffer v. Farm Fresh, Inc. (966 F.2d 142, United States Court of Appeals, Fourth Circuit, 1992) is a...

Lifting Automatic Stay in Bankruptcy Proceedings for State Equitable Distribution Cases: In Re Robbins

Date: May 20, 1992

Lifting Automatic Stay in Bankruptcy Proceedings for State Equitable Distribution Cases: In Re Robbins Introduction The case of In Re Harry C. Robbins addresses the intersection of bankruptcy...

Affirmation of Miranda Waiver and Ineffective Assistance of Counsel Standards: Poyner v. Murray

Date: May 9, 1992

Affirmation of Miranda Waiver and Ineffective Assistance of Counsel Standards: Poyner v. Murray Introduction In the landmark case Syvasky Lafayette Poyner v. Edward W. Murray, the United States Court...

Non-Retroactive Application of the Civil Rights Act of 1991: Analysis of Wallace v. Housing Authority of Columbia

Date: May 9, 1992

Non-Retroactive Application of the Civil Rights Act of 1991: Analysis of Wallace v. Housing Authority of Columbia Introduction In Meredith A. Wallace v. Housing Authority of the City of Columbia, 791...

Fourth Circuit Clarifies Sentencing Enhancements and Government's Evidentiary Rights in Resentencing: United States v. Kincaid

Date: May 8, 1992

Fourth Circuit Clarifies Sentencing Enhancements and Government's Evidentiary Rights in Resentencing: United States v. Kincaid Introduction In United States v. William F. Kincaid, Jr., the United...

Strict Interpretation of 18 U.S.C. § 3568 in Federal Sentencing: No Credit for State Custody Time

Date: May 2, 1992

Strict Interpretation of 18 U.S.C. § 3568 in Federal Sentencing: No Credit for State Custody Time Introduction In the landmark case Lewis Thomas v. Patrick Whalen, the United States Court of Appeals...

Affirmation of Summary Judgment in RGI v. Unified Industries Establishes Rigorous Standards for Proving Damages in Breach of Contract and Conspiracy Claims

Date: Apr 30, 1992

Affirmation of Summary Judgment in RGI v. Unified Industries Establishes Rigorous Standards for Proving Damages in Breach of Contract and Conspiracy Claims Introduction The case of RGI, Incorporated...

Expanding Debtor Rights Under 11 USC § 521(2)(A): In Re Belanger Case Analysis

Date: Apr 28, 1992

Expanding Debtor Rights Under 11 USC § 521(2)(A): In Re Belanger Case Analysis Introduction The case of Home Owners Funding Corporation of America v. Budd George Belanger and Janice Leigh Belanger...

Enforcement of the Absolute Priority Rule in Chapter 11 Reorganizations: A Comprehensive Analysis of IN RE BRYSON PROPERTIES XVIII

Date: Apr 21, 1992

Enforcement of the Absolute Priority Rule in Chapter 11 Reorganizations: A Comprehensive Analysis of IN RE BRYSON PROPERTIES XVIII Introduction IN RE BRYSON PROPERTIES XVIII is a landmark case...

Chesapeake City Jail Not a "Person" under Section 1983: Implications for Civil Rights Litigation

Date: Apr 14, 1992

Chesapeake City Jail Not a "Person" under Section 1983: Implications for Civil Rights Litigation Introduction In the landmark case of Lonnie P. McCoy v. Chesapeake Correctional Center, adjudicated by...

Waiver of Appellate Rights in Sentencing: Insights from United States v. Marin

Date: Apr 14, 1992

Waiver of Appellate Rights in Sentencing: Insights from United States v. Marin Introduction United States of America v. Herbert John Marin is a pivotal case adjudicated by the United States Court of...

Fourth Circuit Decision in Anheuser-Busch v. L.L. Wings: Clarifying Parody and Consumer Confusion in Trademark Law

Date: Apr 11, 1992

Fourth Circuit Decision in Anheuser-Busch v. L.L. Wings: Clarifying Parody and Consumer Confusion in Trademark Law Introduction The case of Anheuser-Busch, Inc. v. L.L. Wings, Inc. adjudicated by the...