4th Circuit Case Commentaries

Constitutional Validation of Mandatory DNA Blood Sampling for Felons and Ex Post Facto Considerations in Jones v. Murray

Date: Apr 8, 1992

Constitutional Validation of Mandatory DNA Blood Sampling for Felons and Ex Post Facto Considerations in Jones v. Murray Introduction In Lawrence R. Jones et al. v. Edward W. Murray et al. (962 F.2d...

Eleventh Amendment Immunity and Qui Tam Suits: Insights from United States ex rel. Milam v. The University of Texas M.D. Anderson Cancer Center

Date: Apr 4, 1992

Eleventh Amendment Immunity and Qui Tam Suits: Insights from United States ex rel. Milam v. The University of Texas M.D. Anderson Cancer Center Introduction The case of United States ex rel. Kathryn...

Harmless Error in Admission of Non-Testifying Co-Defendants' Pleas: United States v. Blevins et al. (1992)

Date: Apr 1, 1992

Harmless Error in Admission of Non-Testifying Co-Defendants' Pleas: United States v. Blevins et al. (1992) Introduction The appellate case United States of America vs. Ervin Jahue Blevins, Joel Amos...

Jurisdictional Authority of Bankruptcy Courts in Distributing Constructive Trusts: In re Robert D. Johnson

Date: Mar 27, 1992

Jurisdictional Authority of Bankruptcy Courts in Distributing Constructive Trusts: In re Robert D. Johnson Introduction In the case of In re Robert D. Johnson, Debtor et al., the United States Court...

Likelihood of Origin Confusion in Trademark Law: Insights from SWA v. Majestic Distilling Company

Date: Mar 5, 1992

Likelihood of Origin Confusion in Trademark Law: Insights from SWA v. Majestic Distilling Company Introduction The case of The Scotch Whisky Association (SWA) v. Majestic Distilling Company, decided...

Liberty Mutual v. Triangle Industries: Defining Pollution Exclusions in Insurance Coverage

Date: Mar 3, 1992

Liberty Mutual v. Triangle Industries: Defining Pollution Exclusions in Insurance Coverage Introduction The case of Liberty Mutual Insurance Company v. Triangle Industries, Incorporated (957 F.2d...

Fourth Circuit Establishes Continuing Violation Doctrine in Equal Pay Act Claims

Date: Mar 3, 1992

Fourth Circuit Establishes Continuing Violation Doctrine in Equal Pay Act Claims Introduction In Margaret Nealon v. Michael P.W. Stone, Secretary of the Army, Clarence Thomas, Chairman, Equal...

Application of Prejudice Presumptions and Sentencing Guidelines in Drug Conspiracy Convictions: Analysis of United States v. Brooks et al.

Date: Feb 29, 1992

Application of Prejudice Presumptions and Sentencing Guidelines in Drug Conspiracy Convictions: Analysis of United States v. Brooks et al. Introduction The case of United States of America v. Michael...

Affirmation of Sixth Amendment Rights in Plea Bargaining: Fields v. Attorney General of Maryland

Date: Feb 27, 1992

Affirmation of Sixth Amendment Rights in Plea Bargaining: Fields v. Attorney General of Maryland Introduction In the case of Merrill E. Fields v. Attorney General of the State of Maryland; Kenneth E....

Establishing the Ordinary Course of Business Exception in Voidable Preferences: In Re Jeffrey Bigelow Design Group Decision

Date: Feb 14, 1992

Establishing the Ordinary Course of Business Exception in Voidable Preferences: In Re Jeffrey Bigelow Design Group Decision Introduction The case of In Re Jeffrey Bigelow Design Group, Incorporated,...

Fourth Circuit Upholds Summary Judgment in ADEA Discrimination Case: Emphasis on Concrete Evidence

Date: Feb 6, 1992

Fourth Circuit Upholds Summary Judgment in ADEA Discrimination Case: Emphasis on Concrete Evidence Introduction The case of Equal Employment Opportunity Commission v. Clay Printing Company (955 F.2d...

Defendant's Right to Presence at Trial and Voluntary Waiver: Insights from Camacho v. United States

Date: Feb 6, 1992

Defendant's Right to Presence at Trial and Voluntary Waiver: Insights from Camacho v. United States Introduction United States of America v. Alejandro Camacho, Jr. is a pivotal case decided by the...

Limitations on Colorado River Abstention: Fourth Circuit Reverses Dismissal in McLaughlin v. United Virginia Bank

Date: Feb 5, 1992

Limitations on Colorado River Abstention: Fourth Circuit Reverses Dismissal in McLaughlin v. United Virginia Bank Introduction The legal landscape governing the interplay between federal and state...

McKinney v. Board of Trustees of Mayland Community College: Clarifying Removal Procedures in Federal Courts

Date: Feb 4, 1992

McKinney v. Board of Trustees of Mayland Community College: Clarifying Removal Procedures in Federal Courts Introduction McKinney v. Board of Trustees of Mayland Community College is a pivotal case...

Balancing State Interests and Federal Jurisdiction in Declaratory Judgments: Lloyd's v. Harris

Date: Jan 30, 1992

Balancing State Interests and Federal Jurisdiction in Declaratory Judgments: Lloyd's v. Harris Introduction The case of George Anthony Mitcheson, Acting for and on Behalf of Certain Other...

Ambiguity in Licensing Agreements: Royalty Obligations Under Scrutiny in World-Wide Rights v. Combe Inc.

Date: Jan 30, 1992

Ambiguity in Licensing Agreements: Royalty Obligations Under Scrutiny in World-Wide Rights Limited Partnership v. Combe Inc. Introduction The case of World-Wide Rights Limited Partnership (World)...

Application of Judicial Estoppel in Enforcement of Foreign Judgments: Insights from Guinness PLC v. T.J. Ward

Date: Jan 29, 1992

Application of Judicial Estoppel in Enforcement of Foreign Judgments: Insights from Guinness PLC v. T.J. Ward Introduction The case of Guinness PLC; Guinness America, Incorporated v. Thomas Joseph...

Enforcing the Lodestar Method for Attorney’s Fees under the FLSA: Lyle v. Food Lion

Date: Jan 25, 1992

Enforcing the Lodestar Method for Attorney’s Fees under the FLSA: Lyle v. Food Lion Introduction Lyle v. Food Lion, Inc., 954 F.2d 984 (4th Cir. 1992), is a landmark case in labor law that addresses...

Clarifying Qualified Immunity Standards in Police Psychiatric Detentions: Gooden v. Howard County

Date: Jan 24, 1992

Clarifying Qualified Immunity Standards in Police Psychiatric Detentions: Gooden v. Howard County Introduction Gooden v. Howard County is a seminal case decided by the United States Court of Appeals...

Reinforcing Personal Jurisdiction and Venue Standards in RICO Litigation: Magic Toyota, Inc. v. Jones

Date: Jan 22, 1992

Reinforcing Personal Jurisdiction and Venue Standards in RICO Litigation: Magic Toyota, Inc. v. Jones Introduction Magic Toyota, Inc. and David B. Jones v. Southeast Toyota Distributors, Inc. is a...