4th Circuit Case Commentaries

Bakker v. United States: Establishing Judicial Impartiality and Sentencing Boundaries

Date: Feb 12, 1991

Bakker v. United States: Establishing Judicial Impartiality and Sentencing Boundaries Introduction United States of America v. James O. Bakker is a landmark case adjudicated by the United States...

Establishing §1983 Claims Without Necessitating Serious Physical Injury: Insights from Gray v. Spillman et al.

Date: Feb 8, 1991

Establishing §1983 Claims Without Necessitating Serious Physical Injury: Insights from Gray v. Spillman et al. Introduction In Johnny Gray v. Detective Spillman; Detective Bishop; Detective Riggs;...

Reuber v. Food Chemical News: Defining Public Figure Status and the Fair Report Privilege in Defamation Law

Date: Feb 6, 1991

Reuber v. Food Chemical News: Defining Public Figure Status and the Fair Report Privilege in Defamation Law Introduction The case of Melvin D. REUBER v. FOOD CHEMICAL NEWS, INC., decided by the...

Probable Cause Affirmed on Corroborated Informant's Tip and Officer's Observations in United States v. Miller

Date: Jan 31, 1991

Probable Cause Affirmed on Corroborated Informant's Tip and Officer's Observations in United States v. Miller Introduction The case of United States of America v. Bernice Mallow Miller (925 F.2d...

Affirmation of Summary Judgment in Age Discrimination Suit and Denial of Rule 60(b) Relief in McLawhorn v. Daniel Co.

Date: Jan 31, 1991

Affirmation of Summary Judgment in Age Discrimination Suit and Denial of Rule 60(b) Relief in McLawhorn v. Daniel Co. Introduction McLawhorn v. John W. Daniel Company, Inc., 924 F.2d 535 (4th Cir....

Affirmation of Centralized Special Education Programs under EHA: Barnett v. Fairfax County School Board

Date: Jan 29, 1991

Affirmation of Centralized Special Education Programs under EHA: Barnett v. Fairfax County School Board Introduction The case of Michael W. Barnett v. Fairfax County School Board addresses the...

Expansion of Wrongful Discharge under Public Policy Exception in North Carolina: Harrison v. Edison Brothers Apparel Stores

Date: Jan 26, 1991

Expansion of Wrongful Discharge under Public Policy Exception in North Carolina: Harrison v. Edison Brothers Apparel Stores Introduction Harrison v. Edison Brothers Apparel Stores, Inc., 924 F.2d 530...

Sovereign Immunity Affirmed: State Agencies Protected from Section 1983 Monetary Damages – Keller v. Prince George’s County

Date: Jan 9, 1991

Sovereign Immunity Affirmed: State Agencies Protected from Section 1983 Monetary Damages – Keller v. Prince George’s County Introduction Mazie KELLER v. PRINCE GEORGE'S COUNTY Department of Social...

Protection of Administrative Decision-Making Processes: Franklin Savings Association v. Thrift Supervision Directors

Date: Jan 8, 1991

Protection of Administrative Decision-Making Processes: Franklin Savings Association v. Thrift Supervision Directors Introduction The case Franklin Savings Association and Franklin Savings...

Limits of 42 U.S.C. § 1981 in Addressing Discriminatory Discharge: Williams v. First Union National Bank

Date: Dec 7, 1990

Limits of 42 U.S.C. § 1981 in Addressing Discriminatory Discharge: Williams v. First Union National Bank 1. Introduction In DeVaughn E. Williams v. First Union National Bank of N.C., the United...

Waivers of Sovereign Immunity in Bankruptcy and Tort Claims: Anderson v. FDIC

Date: Nov 15, 1990

Waivers of Sovereign Immunity in Bankruptcy and Tort Claims: Anderson v. FDIC Introduction In the landmark case of Anderson v. Federal Deposit Insurance Corporation (FDIC), adjudicated by the United...

Fraud and Successor Liability in Municipal Contracting: Analyzing City of Richmond v. Madison Management Group, Inc.

Date: Oct 31, 1990

Fraud and Successor Liability in Municipal Contracting: Analyzing City of Richmond v. Madison Management Group, Inc. Introduction The case City of Richmond, Virginia, Plaintiff-Appellee, v. Madison...

Individual Assessments for Widow's Disability Claims: Bennett v. Sullivan and Its Implications

Date: Oct 26, 1990

Individual Assessments for Widow's Disability Claims: Bennett v. Sullivan and Its Implications Introduction Bennice Bennett, a 60-year-old widow, initiated legal proceedings against Louis W....

Establishing Causation in Vaccine Liability: The Rohrbough v. Wyeth Laboratories Case

Date: Oct 24, 1990

Establishing Causation in Vaccine Liability: The Rohrbough v. Wyeth Laboratories Case Introduction The case of Tyressa Jane Rohrbough, an infant who sues by Donald E. Rohrbough, her parent and next...

Affirmation of Upward Departure in Sentencing Based on Extended Criminal History: United States v. Terry

Date: Oct 17, 1990

Affirmation of Upward Departure in Sentencing Based on Extended Criminal History: United States v. Terry Introduction In United States of America v. Leon Wilbur Terry (916 F.2d 157, 4th Cir. 1990),...

Fourth Circuit Remands for Reinstatement in Hillig et al. v. Commissioner of Internal Revenue

Date: Oct 17, 1990

Fourth Circuit Remands for Reinstatement in Hillig et al. v. Commissioner of Internal Revenue Introduction Hillig et al. v. Commissioner of Internal Revenue is a pivotal case adjudicated by the...

Affirmation of Summary Judgment in AM International v. Abcor Corporation: A Comprehensive Legal Commentary

Date: Oct 16, 1990

Affirmation of Summary Judgment in AM International v. Abcor Corporation: A Comprehensive Legal Commentary Introduction The case of ABCOR CORPORATION; JAMES G. KIBLER, SR., PLAINTIFFS-APPELLANTS, v....

Affirmation of Procedural Default under TEAGUE v. LANE in Bassette v. Thompson

Date: Oct 6, 1990

Affirmation of Procedural Default under TEAGUE v. LANE in Bassette v. Thompson Introduction Bassette v. Thompson, 915 F.2d 932 (4th Cir. 1990), is a pivotal case that delves into the intricacies of...

Fourth Circuit Limits Class Certification in Political Patronage Dismissal Cases

Date: Oct 5, 1990

Fourth Circuit Limits Class Certification in Political Patronage Dismissal Cases Introduction The case of BOBBY STOTT; JOSEPH REGISTER; LONNIE MICHAEL CAYTON, et al. v. HOWARD H. HAWORTH, et al....

Perini Corporation v. Perini Construction: Defining Trade Name Infringement in the Construction Industry

Date: Sep 22, 1990

Perini Corporation v. Perini Construction: Defining Trade Name Infringement in the Construction Industry Introduction The case of Perini Corporation v. Perini Construction addresses the intricate...