4th Circuit Case Commentaries

Procedural Default and Effective Assistance of Counsel: Insights from Smith v. State of South Carolina

Date: Aug 22, 1989

Procedural Default and Effective Assistance of Counsel: Insights from Smith v. State of South Carolina Introduction Alton B. Smith v. State of South Carolina is a pivotal case decided by the United...

Non-Class Members’ Inability to Intervene in Class Action Settlements: Fourth Circuit Affirmation

Date: Aug 17, 1989

Non-Class Members’ Inability to Intervene in Class Action Settlements: Fourth Circuit Affirmation Introduction In the landmark case of Gould et al. v. Alleco, Inc. et al. (883 F.2d 281, Fourth...

Revene v. Charles County Commissioners: Establishing State Action Beyond Official Duties

Date: Aug 15, 1989

Revene v. Charles County Commissioners: Establishing State Action Beyond Official Duties Introduction Monica Revene, acting as the personal representative for her deceased husband's estate, brought...

Enforcement of Maryland's Statute of Repose in Asbestos Removal Claims: USG Protected Under §5-108(a) Against CERCLA Preemption

Date: Aug 11, 1989

Enforcement of Maryland's Statute of Repose in Asbestos Removal Claims: USG Protected Under §5-108(a) Against CERCLA Preemption Introduction In the landmark case of First United Methodist Church of...

Dismissal of Due Process Claims in Habeas Corpus and Section 1983 Actions: Ballard v. Carlson

Date: Aug 11, 1989

Dismissal of Due Process Claims in Habeas Corpus and Section 1983 Actions: Ballard v. Carlson Introduction Ballard v. Carlson, 882 F.2d 93 (4th Cir. 1989), is a pivotal case addressing the dismissal...

Transfer of Venue in Contract Disputes: Insights from DATASOUTH Computer Corp. v. THREE DIMENSIONAL TECHNOLOGIES, Inc.

Date: Aug 8, 1989

Transfer of Venue in Contract Disputes: Insights from DATASOUTH Computer Corp. v. THREE DIMENSIONAL TECHNOLOGIES, Inc. Introduction The case of DATASOUTH Computer Corp. v. THREE DIMENSIONAL...

Resentencing Procedures and the Ex Post Facto Clause: An In-Depth Analysis of Evans v. Thompson

Date: Aug 3, 1989

Resentencing Procedures and the Ex Post Facto Clause: An In-Depth Analysis of Evans v. Thompson Introduction Evans v. Thompson is a pivotal case adjudicated by the United States Court of Appeals for...

Clarifying Statute of Frauds Requirements for Quantity Terms: Lorillard v. Kline

Date: Jul 1, 1989

Clarifying Statute of Frauds Requirements for Quantity Terms: Lorillard v. Kline Introduction In Thomas J. Kline, Inc. v. Lorillard, Inc., 878 F.2d 791 (4th Cir. 1989), the United States Court of...

Reversing Social Security Disability Denial: The Joseph Luckey Precedent

Date: Jun 29, 1989

Reversing Social Security Disability Denial: The Joseph Luckey Precedent Introduction The case of Joseph Luckey v. U.S. Department of Health Human Services, adjudicated by the United States Court of...

Paroline v. Unisys: Expanding Employer Liability in Sexual Harassment Under Title VII

Date: Jun 27, 1989

Paroline v. Unisys: Expanding Employer Liability in Sexual Harassment Under Title VII Introduction The case of Elizabeth M. Paroline v. Unisys Corporation; Edgar L. Moore (879 F.2d 100) adjudicated...

Establishing Standards for Adequate Disclosure and Voting Procedures in Chapter 11: IN RE A.H. ROBINS CO., INC.

Date: Jun 17, 1989

Establishing Standards for Adequate Disclosure and Voting Procedures in Chapter 11: IN RE A.H. ROBINS CO., INC. Introduction The case of In Re A.H. Robins Company, Incorporated, Debtor presents a...

Aetna Liability as Joint Tortfeasor in Dalkon Shield Litigation

Date: Jun 17, 1989

Aetna Liability as Joint Tortfeasor in Dalkon Shield Litigation Introduction In the landmark case, In re A.H. Robins Company, Incorporated, Debtor (880 F.2d 709), the United States Court of Appeals...

Balancing Defendant Rights and Judicial Order: Key Rulings in United States v. West et al.

Date: Jun 9, 1989

Balancing Defendant Rights and Judicial Order: Key Rulings in United States v. West et al. Introduction United States of America v. Charles Frances West, Jr., Bradley David Thomas, Matthew Mervin...

Reaffirmation of Sentencing Guidelines: Acceptance of Responsibility and Participant Culpability in United States v. White & Jackson

Date: May 23, 1989

Reaffirmation of Sentencing Guidelines: Acceptance of Responsibility and Participant Culpability in United States v. White & Jackson Introduction In the landmark decision of United States of America...

Establishing Juror Impartiality Standards in Medical Malpractice Cases: The Poynter v. Ratcliff & Haddox Decision

Date: May 13, 1989

Establishing Juror Impartiality Standards in Medical Malpractice Cases: The Poynter v. Ratcliff & Haddox Decision Introduction Poynter v. Ratcliff & Haddox, MD (874 F.2d 219, 4th Cir. 1989) is a...

Role in Offense Sentencing: Minimal and Minor Participant Reductions Clarified

Date: May 12, 1989

Role in Offense Sentencing: Minimal and Minor Participant Reductions Clarified Introduction In the case of United States of America v. Kenneth Wayne Daughtrey (874 F.2d 213), the United States Court...

Claim Preclusion in Statute of Limitations Dismissals: Shoup v. Bell Howell Co.

Date: Apr 27, 1989

Claim Preclusion in Statute of Limitations Dismissals: Shoup v. Bell Howell Co. Introduction In the landmark case of Mary Shoup; Larry R. Shoup, Sr., Plaintiffs-Appellees v. Bell Howell Company,...

Federal Employee Immunity from State Subpoenas: Insights from Boron Oil Co. v. Downie

Date: Apr 25, 1989

Federal Employee Immunity from State Subpoenas: Insights from Boron Oil Co. v. Downie Introduction The case of Boron Oil Company; Vito Cutrone, Sr.; Fonda Cutrone; Sharon Lewis v. Jack L. Downie is a...

Enforcement of Discovery Orders: Establishing a Rigorous Standard in Default Judgment

Date: Apr 11, 1989

Enforcement of Discovery Orders: Establishing a Rigorous Standard in Default Judgment Introduction The case of Mutual Federal Savings and Loan Association v. Richards Associates, Inc., reported as...

Exhaustion of Plan Remedies Under ERISA: Makar v. CareFirst and Provident

Date: Apr 8, 1989

Exhaustion of Plan Remedies Under ERISA: Makar v. CareFirst and Provident Introduction The case of Dorothy T. Makar; Anthony L. Makar v. Health Care Corporation of the Mid-Atlantic (CareFirst);...