4th Circuit Case Commentaries

Affirmation of Summary Judgment in Age Discrimination Case: Goldberg v. Green & Company

Date: Jan 15, 1988

Affirmation of Summary Judgment in Age Discrimination Case: Goldberg v. Green & Company Introduction Goldberg v. Green & Company, Inc. is a seminal case adjudicated by the United States Court of...

Upholding Fair Cross-Section in Jury Selection and Limits on Psychiatric Impeachment: United States v. Cecil et al. (Fourth Circuit, 1988)

Date: Jan 12, 1988

Upholding Fair Cross-Section in Jury Selection and Limits on Psychiatric Impeachment: United States v. Cecil et al. (Fourth Circuit, 1988) Introduction The case of United States of America v. Ronald...

Affirmation of Third-Party Exemptions under 21 U.S.C. § 853(n): UNITED STATES v. RECKMEYER

Date: Dec 29, 1987

Affirmation of Third-Party Exemptions under 21 U.S.C. § 853(n): UNITED STATES v. RECKMEYER Introduction The case United States of America v. William J. Reckmeyer, decided by the United States Court...

Voluntariness of Confessions and the Constitutionality of FISA Surveillance: Insights from Pelton v. United States

Date: Dec 19, 1987

Voluntariness of Confessions and the Constitutionality of FISA Surveillance: Insights from Pelton v. United States Introduction Pelton v. United States is a pivotal case adjudicated by the United...

Deliberate Indifference in Prison Conditions: LaFaut v. Smith et al. Establishes Critical Eighth Amendment Standards

Date: Dec 3, 1987

Deliberate Indifference in Prison Conditions: LaFaut v. Smith et al. Establishes Critical Eighth Amendment Standards Introduction The case of Randy Dean LaFaut v. William French Smith, Margaret...

Strict Standards for Amending Complaints in Medical Malpractice: Insights from Deasy v. Hill

Date: Nov 10, 1987

Strict Standards for Amending Complaints in Medical Malpractice: Insights from Deasy v. Hill Introduction In the case of Charles R. Deasy, Personal Representative of the Estate of Ginger Deasy,...

Prohibition of Pre-Confirmation Distributions to Unsecured Creditors in Chapter 11 Bankruptcy

Date: Nov 4, 1987

Prohibition of Pre-Confirmation Distributions to Unsecured Creditors in Chapter 11 Bankruptcy Introduction The case of The Official Committee of Equity Security Holders v. Ralph R. Mabey et al., 832...

Fourth Circuit Upholds Contractual Exclusion of Consequential Damages Under Michigan Law in Mining Machinery Litigation

Date: Oct 28, 1987

Fourth Circuit Upholds Contractual Exclusion of Consequential Damages Under Michigan Law in Mining Machinery Litigation Introduction In the case of Island Creek Coal Company; Garden Creek Pocahontas...

Jurisdictional Boundaries in Extradition: Pressly v. Embodying Federal Habeas Limitations

Date: Oct 22, 1987

Jurisdictional Boundaries in Extradition: Pressly v. Embodying Federal Habeas Limitations Introduction In the landmark case of Francis Hunter Pressly v. H.H. Gregory et al., the United States Court...

Reversal of Disability Determination in Doris D. Edwards v. Otis R. Bowen

Date: Oct 8, 1987

Reversal of Disability Determination in Doris D. Edwards v. Otis R. Bowen: Implications for Residual Functional Capacity Assessments Introduction The case of Doris D. Edwards v. Otis R. Bowen,...

Establishing Limits on Employer Liability in Sexual Harassment Cases: Swentek v. USAIR

Date: Oct 8, 1987

Establishing Limits on Employer Liability in Sexual Harassment Cases: Swentek v. USAIR Introduction Swentek v. USAIR is a landmark case decided by the United States Court of Appeals for the Fourth...

LaVay v. Dominion Federal Savings Loan Association: Statute of Limitations Bars Punitive Damages for Breach of Fiduciary Duty

Date: Oct 3, 1987

LaVay v. Dominion Federal Savings Loan Association: Statute of Limitations Bars Punitive Damages for Breach of Fiduciary Duty Introduction The case of The LaVay Corporation; Gerard M. LaVay,...

Branti Revisited: Establishing Protections Against Patronage Reappointments

Date: Oct 2, 1987

Branti Revisited: Establishing Protections Against Patronage Reappointments Introduction The case of Doris McConnell and Willie B. Kilgore v. Roger Adams et al. adjudicated by the United States Court...

Coffman v. Bowen: Reinforcing the Attending Physician's Role and Comprehensive Disability Evaluation

Date: Sep 24, 1987

Coffman v. Bowen: Reinforcing the Attending Physician's Role and Comprehensive Disability Evaluation Introduction The case of Hallie Coffman, as Executrix of Estate of Junior R. Coffman v. Otis R....

Strict Adherence to ADEA Charge-Filing Deadlines Affirmed: English v. Pabst Brewing Company

Date: Sep 16, 1987

Strict Adherence to ADEA Charge-Filing Deadlines Affirmed: English v. Pabst Brewing Company Introduction In the case of C.M. English, Plaintiff-Appellant v. Pabst Brewing Company, 828 F.2d 1047 (4th...

Affirmation of Bankruptcy Discharge Denial for Fraudulent Statements: Williamson v. Fireman's Fund Insurance Company

Date: Sep 16, 1987

Affirmation of Bankruptcy Discharge Denial for Fraudulent Statements: Williamson v. Fireman's Fund Insurance Company Introduction In the landmark case of Chester D. Williamson v. Fireman's Fund...

Discretionary Authority in Trustee Appointments under 11 U.S.C. § 1104(a) Affirmed

Date: Sep 10, 1987

Discretionary Authority in Trustee Appointments under 11 U.S.C. § 1104(a) Affirmed Introduction The case of Committee of Dalkon Shield Claimants, Plaintiff-Appellant v. A.H. Robins Company,...

Fraud on the Court: Insights from Cleveland Demolition Co. v. Azcon Scrap Corp.

Date: Sep 5, 1987

Fraud on the Court: Insights from Cleveland Demolition Co. v. Azcon Scrap Corp. Introduction The case of Cleveland Demolition Company, Inc., Plaintiff-Appellant, v. Azcon Scrap Corporation, a...

Limitation Periods and Interlocking Directorates in Antitrust Law: Insights from Pocahontas Supreme Coal Co. v. Bethlehem Steel Corp.

Date: Sep 2, 1987

Limitation Periods and Interlocking Directorates in Antitrust Law: Insights from Pocahontas Supreme Coal Co. v. Bethlehem Steel Corp. Introduction The case of Pocahontas Supreme Coal Company Inc. &...

Establishing Indemnification and Punitive Damages under the Fair Credit Reporting Act: The Yohay v. City of Alexandria Employees Credit Union Decision

Date: Aug 27, 1987

Establishing Indemnification and Punitive Damages under the Fair Credit Reporting Act: The Yohay v. City of Alexandria Employees Credit Union Decision Introduction The case of Stephen C. Yohay v....