4th Circuit Case Commentaries

Preemption of State Tort Claims by § 301 of the Labor Management Relations Act: Insights from McCormick v. AT&T Technologies

Date: May 29, 1991

Preemption of State Tort Claims by § 301 of the Labor Management Relations Act: Insights from McCormick v. AT&T Technologies Introduction McCormick v. AT&T Technologies, Inc.; Cameron Allen, 934 F.2d...

Parens Patriae Standing Without Class Certification: Insights from In re John Edmond

Date: May 29, 1991

Parens Patriae Standing Without Class Certification: Insights from In re John Edmond Introduction The case of In re John Edmond, D/B/A Landover Contact Lens Center, Debtor addresses pivotal issues...

Standing and Mootness in MBE Statute Litigation: Maryland Highways Contractors Association v. Maryland

Date: May 21, 1991

Standing and Mootness in MBE Statute Litigation: Maryland Highways Contractors Association v. Maryland Introduction The case of The Maryland Highways Contractors Association, Incorporated vs. State...

Negligent Maintenance of Personnel Records Barred under FTCA’s Defamation Exception

Date: May 21, 1991

Negligent Maintenance of Personnel Records Barred under FTCA’s Defamation Exception Introduction In the case of James C. Talbert v. United States of America, adjudicated by the United States Court of...

Establishing Standards for Age Discrimination and ERISA §510 Claims: Westinghouse v. Conkwright

Date: May 15, 1991

Establishing Standards for Age Discrimination and ERISA §510 Claims: Westinghouse v. Conkwright Introduction Westinghouse Electric Corporation v. Robert Douglas Conkwright, 933 F.2d 231 (4th Cir....

Deference to Arbitration in Post-Expiration Health Benefits: UPSHUR Coals v. UMWA

Date: May 15, 1991

Deference to Arbitration in Post-Expiration Health Benefits: UPSHUR Coals v. UMWA Introduction UPSHUR Coals Corporation v. United Mine Workers of America (UMWA), 933 F.2d 225 (4th Cir. 1991), is a...

Right of Intervention under Federal Rule of Civil Procedure 24(a)(2): Insights from Teague v. Employers Reinsurance Corporation

Date: Apr 26, 1991

Right of Intervention under Federal Rule of Civil Procedure 24(a)(2): Insights from Teague v. Employers Reinsurance Corporation Introduction The case of Teague v. Employers Reinsurance Corporation...

Discretionary Power of District Courts in Granting Evidentiary Hearings for Withdrawal of Guilty Pleas

Date: Apr 24, 1991

Discretionary Power of District Courts in Granting Evidentiary Hearings for Withdrawal of Guilty Pleas Introduction United States of America v. Arch A. Moore, Jr. is a pivotal case in the realm of...

Affirmation of Minimum Sentence in Conner v. United States: Implications for Plea Agreement Breaches

Date: Apr 19, 1991

Affirmation of Minimum Sentence in Conner v. United States: Implications for Plea Agreement Breaches Introduction The case United States of America v. Thomas Tyson Conner (930 F.2d 1073) adjudicated...

Clarifying Forced Retirement Claims under the Age Discrimination in Employment Act: Shealy v. Winston et al.

Date: Apr 12, 1991

Clarifying Forced Retirement Claims under the Age Discrimination in Employment Act: Shealy v. Winston et al. Introduction The case of Norris Shealy v. Honorable William L. Winston, Honorable Thomas...

Affirmation of Legitimate Non-Discriminatory Employment Decisions in McNairn v. Sullivan

Date: Apr 2, 1991

Affirmation of Legitimate Non-Discriminatory Employment Decisions in McNairn v. Sullivan Introduction McNairn v. Sullivan, 929 F.2d 974 (4th Cir. 1991), is a pivotal case adjudicated by the United...

Front Pay as Equitable Relief in ADEA Cases: Fourth Circuit Clarifies Role of Jury and Court

Date: Apr 2, 1991

Front Pay as Equitable Relief in ADEA Cases: Fourth Circuit Clarifies Role of Jury and Court Introduction In the landmark case of Jesse T. Duke; Sidney W. Fox v. Uniroyal Incorporated et al., the...

Control of Trademark Quality Standards: Shell Oil Co. v. Commercial Petroleum Inc.

Date: Mar 12, 1991

Control of Trademark Quality Standards: Shell Oil Co. v. Commercial Petroleum Inc. Introduction In the landmark case of Shell Oil Company, a Delaware Corporation, Plaintiff-Appellee, v. Commercial...

Objective Reasonableness in Use of Deadly Force: Greenidge v. Ruffin

Date: Mar 9, 1991

Objective Reasonableness in Use of Deadly Force: Greenidge v. Ruffin Introduction In the landmark appellate case Leonard Greenidge; Wilhemina Greenidge; Andrew Greenidge; Kwani Greenidge v. Ernestine...

Statute of Limitations in FTCA Wrongful Death Actions: Insights from Miller v. United States

Date: Mar 7, 1991

Statute of Limitations in FTCA Wrongful Death Actions: Insights from Miller v. United States (1991) Introduction The case of Karen P. Miller, Plaintiff-Appellant, v. United States of America,...

Affirmation of 'Deliberate Indifference' in Moore v. Winebrenner: Shaping Eighth Amendment Prisoner Protections

Date: Mar 7, 1991

Affirmation of 'Deliberate Indifference' in Moore v. Winebrenner: Shaping Eighth Amendment Prisoner Protections Introduction Moore v. Winebrenner is a seminal case adjudicated by the United States...

Establishing CERCLA Liability and Statute of Limitations: Weyerhaeuser Corp. v. Koppers Co.

Date: Feb 27, 1991

Establishing CERCLA Liability and Statute of Limitations: Weyerhaeuser Corp. v. Koppers Co. Introduction The case of Weyerhaeuser Corporation v. Koppers Company, Inc. (771 F. Supp. 1406) adjudicated...

Setoff Methodology in Partial Settlements of Federal Securities Class Actions: Insights from In re Jiffy Lube Securities Litigation

Date: Feb 27, 1991

Setoff Methodology in Partial Settlements of Federal Securities Class Actions: Insights from In re Jiffy Lube Securities Litigation Introduction The case In re Jiffy Lube Securities Litigation...

Preemption of State Statutes in Labor Disputes: A Comprehensive Analysis of Rum Creek Coal Sales, Inc. v. Caperton and Others

Date: Feb 26, 1991

Preemption of State Statutes in Labor Disputes: A Comprehensive Analysis of Rum Creek Coal Sales, Inc. v. Caperton and Others Introduction Rum Creek Coal Sales, Incorporated vs. Honorable W. Gaston...

Limitation on Appeals Council's Discretion to Consider New Evidence in Social Security Disability Claims: Wilkins v. Secretary, Department of Health and Human Services

Date: Feb 20, 1991

Limitation on Appeals Council's Discretion to Consider New Evidence in Social Security Disability Claims: Wilkins v. Secretary, Department of Health and Human Services Introduction In the landmark...