4th Circuit Case Commentaries

Evaluating Ineffective Assistance of Counsel: Insights from Hoots v. Allsbrough

Date: Mar 6, 1986

Evaluating Ineffective Assistance of Counsel: Insights from Hoots v. Allsbrough Introduction The case of Richard Anthony Hoots v. Harry Allsbrough et al. (785 F.2d 1214) presents a critical...

Kellough v. Heckler: Establishing Procedural Standards for Disability Benefit Claims

Date: Feb 28, 1986

Kellough v. Heckler: Establishing Procedural Standards for Disability Benefit Claims Introduction The case of IRIS L. KELLOUGH v. MARGARET M. HECKLER, Secretary of Health and Human Services (785 F.2d...

Deference to Appeals Council in Disability Benefits Determinations: Gross v. Heckler

Date: Feb 28, 1986

Deference to Appeals Council in Disability Benefits Determinations: Gross v. Heckler Introduction In the landmark case Charles R. Gross v. Margaret Heckler, Secretary of Health and Human Services,...

Failure to Exhaust Administrative Remedies: HENDERSON v. UNITED STATES Establishes Strict Compliance with FTCA Requirements

Date: Feb 28, 1986

Failure to Exhaust Administrative Remedies: HENDERSON v. UNITED STATES Establishes Strict Compliance with FTCA Requirements Introduction The case of Anna Mae R. Henderson, Appellant versus the United...

Cook v. Heckler: Reinforcing Procedural Integrity and Combined Impairment Evaluation in Social Security Disability Benefits

Date: Feb 22, 1986

Cook v. Heckler: Reinforcing Procedural Integrity and Combined Impairment Evaluation in Social Security Disability Benefits Introduction In the landmark case Cook v. Heckler, the United States Court...

Affirmation of Local Rule Authority to Impose Jury Costs for Unjustified Settlement Delays

Date: Feb 22, 1986

Affirmation of Local Rule Authority to Impose Jury Costs for Unjustified Settlement Delays Introduction The case WHITE et al. v. RAYMARK INDUSTRIES, INC. (783 F.2d 1175, United States Court of...

Isolated Transactions and Personal Jurisdiction: The Chung v. Nana Development Corp. Ruling

Date: Feb 20, 1986

Isolated Transactions and Personal Jurisdiction: The Chung v. Nana Development Corp. Ruling Introduction The case of Choon Young Chung v. Nana Development Corporation, adjudicated by the United...

Establishing Comprehensive Copyright and Trade Dress Protections for Video Games: A Commentary on M. Kramer Manufacturing Co. v. Andrews

Date: Feb 7, 1986

Establishing Comprehensive Copyright and Trade Dress Protections for Video Games: A Commentary on M. Kramer Manufacturing Co., Inc. v. Andrews, et al. Introduction In M. Kramer Manufacturing Co.,...

Proper Classification of Past Employment in Social Security Disability Determinations: Smith v. Heckler

Date: Feb 4, 1986

Proper Classification of Past Employment in Social Security Disability Determinations: Smith v. Heckler Introduction In the case of Thomas W. Smith v. Margaret M. Heckler, Secretary of Health and...

Establishing Substantial Causation in Asbestosis Claims: Insights from Lohrmann v. Raymark

Date: Jan 31, 1986

Establishing Substantial Causation in Asbestosis Claims: Insights from Lohrmann v. Raymark Introduction Lohrmann v. Raymark Industries, Inc. et al. is a pivotal case adjudicated by the United States...

Affirmation of Protective Custody Restrictions: Taylor v. Rogers and Colleagues

Date: Jan 22, 1986

Affirmation of Protective Custody Restrictions: Taylor v. Rogers and Colleagues Introduction In the case of Enith Lester Taylor, Jr., Appellant, and Larry Parnell; Jerry Lee Beeson, Intervenor Ptfs....

Fourth Circuit Upholds Protections for Journalistic Confidential Sources in LaRouche v. NBC

Date: Jan 10, 1986

Fourth Circuit Upholds Protections for Journalistic Confidential Sources in LaRouche v. NBC Introduction In the landmark case of LaRouche v. National Broadcasting Company (NBC), decided by the United...

Reversing Social Security Disability Denial: Fourth Circuit Sets Precedent on Pain Evaluation and Residual Functional Capacity in Foster v. Heckler

Date: Jan 8, 1986

Reversing Social Security Disability Denial: Fourth Circuit Sets Precedent on Pain Evaluation and Residual Functional Capacity in Foster v. Heckler Introduction The case of Ivan Ned Foster v....

Interpretation of Continuing Criminal Enterprise Under 21 U.S.C. § 848(b)(2)(A)

Date: Dec 27, 1985

Interpretation of Continuing Criminal Enterprise Under 21 U.S.C. § 848(b)(2)(A) Introduction The case of United States of America v. James Alvin Rhodes, A/K/A Mickey Rhodes, decided on December 26,...

Implied Malice Standard Affirmed under Bankruptcy Code §523(a)(6)

Date: Dec 27, 1985

Implied Malice Standard Affirmed under Bankruptcy Code §523(a)(6) Introduction In the landmark decision of St. Paul Fire Marine Insurance Company v. Roland C. Vaughn, the United States Court of...

Public Employers Cannot Restrict Employee Speech Based on Potential External Community Reaction

Date: Dec 21, 1985

Public Employers Cannot Restrict Employee Speech Based on Potential External Community Reaction Introduction The case of Robert M. Berger v. Frank J. Battaglia et al. addresses the complex...

Bel-Loc Diner v. Donovan: Affirming Willful FLSA Violations and Extending Statute of Limitations

Date: Dec 19, 1985

Bel-Loc Diner v. Donovan: Affirming Willful FLSA Violations and Extending Statute of Limitations Introduction The case of Raymond J. Donovan, Secretary of Labor, United States Department of Labor...

ERISA Preemption of State Law Claims in Employee Benefit Plan Administration: Powell v. Chesapeake and Potomac Telephone Company of Virginia

Date: Dec 19, 1985

ERISA Preemption of State Law Claims in Employee Benefit Plan Administration: Powell v. Chesapeake and Potomac Telephone Company of Virginia Introduction The case of Eleanor Powell v. Chesapeake and...

Defining Custodial Interrogation in Prisons: United States v. James L. Conley

Date: Dec 19, 1985

Defining Custodial Interrogation in Prisons: United States v. James L. Conley Introduction United States of America v. James L. Conley, 779 F.2d 970 (4th Cir. 1985), is a pivotal case addressing the...

Enforcement of Arbitration Agreements in Subcontracts under the Federal Arbitration Act: Maxum Foundations v. Salus Corporation

Date: Dec 19, 1985

Enforcement of Arbitration Agreements in Subcontracts under the Federal Arbitration Act: Maxum Foundations v. Salus Corporation Introduction Maxum Foundations, Inc. v. Salus Corporation and United...