4th Circuit Case Commentaries

Imposition of Lesser Sanctions for Counsel’s Failure to Attend Pretrial Conference in Employment Discrimination Case

Date: Jan 19, 1978

Imposition of Lesser Sanctions for Counsel’s Failure to Attend Pretrial Conference in Employment Discrimination Case Introduction The case of Herman T. Dove v. Codesco (569 F.2d 807) addresses...

Balancing Inmate Free Speech and Institutional Order: Insights from Durkin v. Taylor

Date: Nov 11, 1977

Balancing Inmate Free Speech and Institutional Order: Insights from Durkin v. Taylor Introduction In the landmark case Thomas H. Durkin v. John V. Taylor et al. (444 F. Supp. 879, U.S. District...

Judicial Review of Agency Denial of Statutory Preferential Rights: Fort Sumter Tours v. Secretary Andrus

Date: Nov 4, 1977

Judicial Review of Agency Denial of Statutory Preferential Rights: Fort Sumter Tours v. Secretary Andrus Introduction The case of Fort Sumter Tours, Inc. v. Cecil D. Andrus, Secretary, Department of...

Affirming the Denial of Class Certification in Antitrust Actions: Insights from WINDHAM v. AMERICAN BRANDS, INC.

Date: Oct 12, 1977

Affirming the Denial of Class Certification in Antitrust Actions: Insights from WINDHAM v. AMERICAN BRANDS, INC. Introduction WINDHAM v. AMERICAN BRANDS, INC., 565 F.2d 59 (4th Cir. 1977), is a...

Expanding Due Process Rights in Parole Proceedings: Franklin v. Shields

Date: Sep 20, 1977

Expanding Due Process Rights in Parole Proceedings: Franklin v. Shields Introduction Franklin v. Shields is a landmark decision by the United States Court of Appeals for the Fourth Circuit, decided...

Adoption of the Normal Competency Standard for Effective Assistance of Counsel

Date: Sep 3, 1977

Adoption of the Normal Competency Standard for Effective Assistance of Counsel Introduction The case of Victor Dennis Marzullo v. State of Maryland, adjudicated by the United States Court of Appeals...

Wilson v. Volkswagen of America: A Landmark Ruling on Discovery Sanctions and Default Judgment

Date: Aug 16, 1977

Wilson v. Volkswagen of America: A Landmark Ruling on Discovery Sanctions and Default Judgment Introduction The case of John W. Wilson, Appellee v. Volkswagen of America, Inc., heard in the United...

Ripeness of Indemnification Claims in Admiralty Law: Insights from Lone Star Industries v. Mowinckles

Date: Aug 4, 1977

Ripeness of Indemnification Claims in Admiralty Law: Insights from Lone Star Industries v. Mowinckles Introduction The case of A/S J. Ludwig Mowinckles Rederi, Apellee v. Tidewater Construction...

Exhaustion of State Remedies Affirmed in Ineffective Assistance of Counsel Claims: Patterson v. Leeke

Date: Jun 14, 1977

Exhaustion of State Remedies Affirmed in Ineffective Assistance of Counsel Claims: Patterson v. Leeke Introduction Patterson v. Leeke, consolidated with several other cases and decided by the United...

Bowring v. Godwin: Affirming the Right to Psychological Treatment for Inmates Under the Eighth and Fourteenth Amendments

Date: Mar 19, 1977

Bowring v. Godwin: Affirming the Right to Psychological Treatment for Inmates Under the Eighth and Fourteenth Amendments Introduction Bowring v. Godwin, 551 F.2d 44 (4th Cir. 1977), is a pivotal case...

Balance-of-Hardship Test Affirmed in Blackwelder Furniture Co. v. Seilig Manufacturing Co.

Date: Feb 17, 1977

Balance-of-Hardship Test Affirmed in Blackwelder Furniture Co. v. Seilig Manufacturing Co. Introduction The case of Blackwelder Furniture Company of Statesville, Inc. v. Seilig Manufacturing Company,...

Roman v. ESB, Inc.: Defining the Boundaries of Class Action in Employment Discrimination

Date: Dec 29, 1976

Roman v. ESB, Inc.: Defining the Boundaries of Class Action in Employment Discrimination Introduction The case of Miriam Conyers Roman et al. v. ESB, Incorporated, decided by the United States Court...

Preservation of Status Quo Pending Arbitration: Lever Brothers v. International Chemical Workers Union, Local 217

Date: Dec 1, 1976

Preservation of Status Quo Pending Arbitration: Lever Brothers v. International Chemical Workers Union, Local 217 Introduction The case of Lever Brothers Company v. International Chemical Workers...

Reversal of Dismissal for Failure to Prosecute: Upholding Rule 16 Standards in Pretrial Procedures

Date: Nov 23, 1976

Reversal of Dismissal for Failure to Prosecute: Upholding Rule 16 Standards in Pretrial Procedures Introduction The case of Pauline McCargo v. Oley G. Hedrick et al. (545 F.2d 393) adjudicated by the...

Chiropractors' Antitrust Action Establishes Precedent on Interstate Commerce Impact and McCarran-Ferguson Act Limitations

Date: Oct 20, 1976

Chiropractors' Antitrust Action Establishes Precedent on Interstate Commerce Impact and McCarran-Ferguson Act Limitations Introduction In the landmark case of Herman L. Ballard et al. v. Blue Shield...

Unified Statutory Penalties and Rescission Conditions under the Truth-in-Lending Act: Powers v. Sims and Levin Realtors

Date: Oct 2, 1976

Unified Statutory Penalties and Rescission Conditions under the Truth-in-Lending Act: Powers v. Sims and Levin Realtors Introduction Eugene Roosevelt Powers and Lila Virginia Powers, the appellants,...

Right to Severance in Joint Criminal Trials: Insights from United States v. Pembroick Edward Foutz, Jr.

Date: Aug 17, 1976

Right to Severance in Joint Criminal Trials: Insights from United States v. Pembroick Edward Foutz, Jr. Introduction United States v. Pembroick Edward Foutz, Jr., 540 F.2d 733 (4th Cir. 1976), is a...

Affirmation of Work Product Doctrine under Rule 26(b)(3) in Duplan Corp. v. Deering Milliken Inc.

Date: Jul 14, 1976

Affirmation of Work Product Doctrine under Rule 26(b)(3) in Duplan Corp. v. Deering Milliken Inc. Introduction The case of The Duplan Corporation et al. v. Deering Milliken, Inc., et al. (540 F.2d...

Defining De Minimis Interests in Judicial Recusal: The Virginia Electric v. Sun Shipbuilding Case

Date: May 25, 1976

Defining De Minimis Interests in Judicial Recusal: The Virginia Electric v. Sun Shipbuilding Case Introduction The case of Virginia Electric and Power Company (VEPCO) v. Sun Shipbuilding and Dry Dock...

Piercing the Corporate Veil: Individual Liability Through Undercapitalization and Dominant Control – DeWITT Truck Brokers, Inc. v. W. Ray Flemming Fruit Company

Date: May 14, 1976

Piercing the Corporate Veil: Individual Liability Through Undercapitalization and Dominant Control DeWITT Truck Brokers, Inc. v. W. Ray Flemming Fruit Company and W. Ray Flemming 1. Introduction In...

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