4th Circuit Case Commentaries

Sanctions in Employment Discrimination: Analysis of Harris v. Marsh

Date: Sep 19, 1990

Sanctions in Employment Discrimination: Analysis of Harris v. Marsh Introduction Harris v. Marsh, 914 F.2d 525, is a significant appellate court decision from the United States Court of Appeals,...

Rule 11 Sanctions Post Dismissal under Rule 41(a)(2): Establishing New Precedent in Fourth Circuit

Date: Sep 19, 1990

Rule 11 Sanctions Post Dismissal under Rule 41(a)(2): Establishing New Precedent in Fourth Circuit Introduction The case of In Re William M. Kunstler, Barry Nakell, Lewis Pitts et al., v. Joe Freeman...

Qualified Immunity for Prison Officials in Eighth Amendment Claims: Inmates' §1983 Actions Dismissed

Date: Sep 18, 1990

Qualified Immunity for Prison Officials in Eighth Amendment Claims: Inmates' §1983 Actions Dismissed Introduction In the landmark case of David Lopez et al. v. Bishop L. Robinson et al., decided on...

Establishing Probable Cause in Forfeiture Proceedings: United States v. Thomas

Date: Sep 18, 1990

Establishing Probable Cause in Forfeiture Proceedings: United States v. Thomas Introduction United States of America v. Amaryllis Thomas; Zenworth Thomas is a pivotal case decided by the United...

Affirmation of Death Sentence in Clozza v. Murray: Implications for Capital Sentencing and Ineffective Assistance Claims

Date: Sep 14, 1990

Affirmation of Death Sentence in Clozza v. Murray: Implications for Capital Sentencing and Ineffective Assistance Claims Introduction The case of Albert J. Clozza versus Edward W. Murray, Director,...

Reinforcing Standards for Reasonably Equivalent Value in Bankruptcy Transfers: In Re Morris Communications NC, Inc.

Date: Sep 14, 1990

Reinforcing Standards for Reasonably Equivalent Value in Bankruptcy Transfers: In Re Morris Communications NC, Inc. Introduction In the landmark case of In Re Morris Communications NC, Inc., the...

Excessive Force in Correctional Settings: The MILLER v. LEATHERS Decision

Date: Sep 14, 1990

Excessive Force in Correctional Settings: The MILLER v. LEATHERS Decision Introduction Nathan Miller, a North Carolina inmate, initiated legal action against Emery Leathers, a state prison officer,...

Res Judicata in Environmental Liability: Aliff v. Joy Technologies

Date: Sep 13, 1990

Res Judicata in Environmental Liability: Aliff v. Joy Technologies Introduction The case of Elwin E. Aliff; Lin-Elco Corporation v. Joy Manufacturing Company, decided by the United States Court of...

Declaratory Judgment Jurisdiction in Uninsured Motorist Insurance Cases: White v. National Union Fire Insurance Co.

Date: Sep 11, 1990

Declaratory Judgment Jurisdiction in Uninsured Motorist Insurance Cases: White v. National Union Fire Insurance Co. Introduction The case of Nancy D. White v. National Union Fire Insurance Company of...

Defining "Prior Convictions" for Mandatory Sentencing Enhancements: United States v. Blackwood

Date: Sep 5, 1990

Defining "Prior Convictions" for Mandatory Sentencing Enhancements: United States v. Blackwood Introduction United States of America v. Joel Roy Blackwood is a pivotal case adjudicated by the United...

Preclusion of Judicial Review for EPA Compliance Orders Under the Clean Water Act: Southern Pines Associates v. EPA

Date: Aug 31, 1990

Preclusion of Judicial Review for EPA Compliance Orders Under the Clean Water Act: Southern Pines Associates v. EPA Introduction The case of Southern Pines Associates, A Virginia Limited Partnership,...

Recognition of Inmate's Religious Name: Ali v. Dixon Establishes Precedent for Free Exercise in Prisons

Date: Aug 29, 1990

Recognition of Inmate's Religious Name: Ali v. Dixon Establishes Precedent for Free Exercise in Prisons Introduction The case of Rabah Muhammad Ali, a.k.a. Robert Lee Thacker v. Gary T. Dixon and...

Dismissal of Incredulous Claims in Inmate Civil Rights Litigation: Morrison v. Martin

Date: Aug 17, 1990

Dismissal of Incredulous Claims in Inmate Civil Rights Litigation: Morrison v. Martin Introduction Case: Kenneth Morrison v. Jim Martin, et al., No. 89-461-CRT-F Court: United States District Court,...

Establishing Copyright Misuse as a Defense: Analysis of Lasercomb America v. Job Reynolds

Date: Aug 17, 1990

Establishing Copyright Misuse as a Defense: Analysis of Lasercomb America, Inc. v. Job Reynolds Introduction The legal landscape of intellectual property (IP) continually evolves as courts interpret...

Conspiracy in Medical Practice: Oksanen v. Page Memorial Hospital Establishes New Antitrust Precedent

Date: Aug 10, 1990

Conspiracy in Medical Practice: Oksanen v. Page Memorial Hospital Establishes New Antitrust Precedent Introduction The case of Oksanen v. Page Memorial Hospital, decided by the United States Court of...

Enhanced Interpretation of "Intentional Self-Inflicted Injury" Under ERISA: Reinking v. Philadelphia American Life Insurance Company

Date: Aug 9, 1990

Enhanced Interpretation of "Intentional Self-Inflicted Injury" Under ERISA: Reinking v. Philadelphia American Life Insurance Company Introduction The case of Reinking v. Philadelphia American Life...

Conspiratorial Capacity of Corporate Siblings under Antitrust Laws: Analysis of Advanced Health-Care Services, Inc. v. Radford Community Hospital

Date: Aug 8, 1990

Conspiratorial Capacity of Corporate Siblings under Antitrust Laws: Analysis of Advanced Health-Care Services, Inc. v. Radford Community Hospital Introduction The case of Advanced Health-Care...

Affirmation of Deliberate Indifference Liability under 42 U.S.C. § 1983 in Buffington v. Baltimore County

Date: Aug 1, 1990

Affirmation of Deliberate Indifference Liability under 42 U.S.C. § 1983 in Buffington v. Baltimore County Introduction Buffington v. Baltimore County, decided by the United States Court of Appeals...

Affirmation of Conspiracy Convictions and Application of the Pinkerton Doctrine in United States v. Chorman and Erdman

Date: Aug 1, 1990

Affirmation of Conspiracy Convictions and Application of the Pinkerton Doctrine in United States v. Chorman and Erdman Introduction In the landmark case of United States of America v. Charles Donald...

Statute of Limitations under RICO §1962(a): Control of the Use and Investment of Illicit Income

Date: Jul 27, 1990

Statute of Limitations under RICO §1962(a): Control of the Use and Investment of Illicit Income Introduction In United States of America v. David Jack Vogt, Jr., 910 F.2d 1184 (4th Cir. 1990), the...