4th Circuit Case Commentaries

Limitation of Hearsay Exceptions under the Sixth Amendment: McCall v. United States

Date: Aug 18, 1984

Limitation of Hearsay Exceptions under the Sixth Amendment: McCall v. United States Introduction UNITED STATES OF AMERICA, APPELLEE v. ROBERT P. McCALL, APPELLANT, 740 F.2d 1331 (4th Cir. 1984),...

Substantial Evidence Standard in Disability Claims: Shively v. Heckler

Date: Aug 3, 1984

Substantial Evidence Standard in Disability Claims: Shively v. Heckler Introduction The case of James Kenneth Shively v. Margaret M. Heckler, Secretary of Health and Human Services (739 F.2d 987, 4th...

Mandatory Counsel Appointment for Indigent 42 U.S.C. § 1983 Plaintiffs Affirmed by Fourth Circuit

Date: Jul 18, 1984

Mandatory Counsel Appointment for Indigent 42 U.S.C. § 1983 Plaintiffs Affirmed by Fourth Circuit Introduction The case of Bobby Whisenant, Appellant v. Dr. Stanley Yuam et al., adjudicated by the...

Establishing Substantive Due Process and Municipal Liability under §1983: Analysis of Spell v. McDaniel (1984)

Date: Jul 13, 1984

Establishing Substantive Due Process and Municipal Liability under §1983: Analysis of Spell v. McDaniel (1984) Introduction Spell v. McDaniel, 591 F. Supp. 1090 (E.D. North Carolina, 1984), is a...

Reaffirming Individual Protection in Disparate Impact Claims: Betsey v. Turtle Creek Associates

Date: Jun 19, 1984

Reaffirming Individual Protection in Disparate Impact Claims: Betsey v. Turtle Creek Associates Introduction The case of Betsey et al. v. Turtle Creek Associates et al. (736 F.2d 983) adjudicated by...

Application and Upholding of N.C.G.S. § 1-15(b) in Asbestosis Litigation

Date: Jun 8, 1984

Application and Upholding of N.C.G.S. § 1-15(b) in Asbestosis Litigation Introduction The case of Arnold G. Barwick v. The Celotex Corporation et al. (736 F.2d 946, United States Court of Appeals,...

Establishing Supervisory Liability in Correctional Institutions: Slakan v. Porter et al.

Date: Jun 6, 1984

Establishing Supervisory Liability in Correctional Institutions: Slakan v. Porter et al. Introduction In the landmark case of Charles J. Slakan v. T.C. Porter, M.M. Walters, Amos Reed, Ralph Edwards,...

Affirmation of Death Penalty in SHAW v. MARTIN: Legal Principles and Implications

Date: Apr 27, 1984

Affirmation of Death Penalty in SHAW v. MARTIN: Legal Principles and Implications Introduction The case of Joseph Carl Shaw v. Joseph R. Martin, Warden, Central Correctional Institution, and Hon....

Affirmation of Substituted Service through Secretary of State under West Virginia Long Arm Statute: FDIC v. Spartan Mining Co.

Date: Apr 18, 1984

Affirmation of Substituted Service through Secretary of State under West Virginia Long Arm Statute: FDIC v. Spartan Mining Co. Introduction In the landmark case of Federal Deposit Insurance...

Expanding the Applicability of §1985(3) Conspiracy Claims to Include Public Officials: Insights from Waller v. Butkovich

Date: Apr 18, 1984

Expanding the Applicability of §1985(3) Conspiracy Claims to Include Public Officials: Insights from Waller v. Butkovich Introduction The case of James Waller, et al. v. Bernard Butkovich, et al....

Effective Assistance of Counsel in Plea Negotiations: Little v. Allsbrook

Date: Apr 6, 1984

Effective Assistance of Counsel in Plea Negotiations: Little v. Allsbrook Introduction Henry Arthur Little, the appellant, was convicted of second-degree murder in North Carolina after entering a...

Expansion of Rule 60(b) Relief to Professional Corporations: Carbo v. Upjohn Co. Analysis

Date: Apr 5, 1984

Expansion of Rule 60(b) Relief to Professional Corporations: Carbo v. Upjohn Co. Analysis Introduction Carbo v. Upjohn Co., 731 F.2d 204 (4th Cir. 1984), represents a pivotal case in the context of...

Limits on Exempting Personal Injury Settlement Proceeds in Bankruptcy: In re Tignor

Date: Mar 16, 1984

Limits on Exempting Personal Injury Settlement Proceeds in Bankruptcy: In re Tignor Introduction The case of Henry Clay Tignor v. William C. Parkinson, Jr. (729 F.2d 977) presents pivotal issues in...

Clarifying FLSA Coverage: Application of Rolling Quarters and Commission Calculations in Burnley v. Short

Date: Mar 13, 1984

Clarifying FLSA Coverage: Application of Rolling Quarters and Commission Calculations in Burnley v. Short Introduction In the case of Burnley et al. v. Short, the United States Court of Appeals for...

Attorney-Client Privilege in Grand Jury Proceedings: Insights from IN RE GRAND JURY PROCEEDINGS (727 F.2d 1352)

Date: Feb 25, 1984

Attorney-Client Privilege in Grand Jury Proceedings: Insights from IN RE GRAND JURY PROCEEDINGS (727 F.2d 1352) Introduction The case of IN RE GRAND JURY PROCEEDINGS (727 F.2d 1352), adjudicated by...

Waiver of Appellate Review Due to Failure to Object to Magistrate’s Findings: United States v. Schronce

Date: Feb 17, 1984

Waiver of Appellate Review Due to Failure to Object to Magistrate’s Findings: United States v. Schronce Introduction United States v. Schronce is a landmark case decided by the United States Court of...

Limitations on Mandamus Relief for Discretionary Venue Decisions: IN RE RALSTON PURINA COMPANY

Date: Feb 9, 1984

Limitations on Mandamus Relief for Discretionary Venue Decisions: IN RE RALSTON PURINA COMPANY Introduction The case of IN RE RALSTON PURINA COMPANY, PETITIONER (726 F.2d 1002), adjudicated by the...

Affirmation of Grid Regulations in Disability Determinations Involving Nonexertional Impairments

Date: Jan 25, 1984

Affirmation of Grid Regulations in Disability Determinations Involving Nonexertional Impairments Introduction The case of Charles Daniel Smith v. Richard S. Schweiker, decided by the United States...

Brady v. Thurston Motor Lines: Affirmation of Burden of Proof Allocation under Title VII

Date: Jan 19, 1984

Brady v. Thurston Motor Lines: Affirmation of Burden of Proof Allocation under Title VII Introduction Brady v. Thurston Motor Lines, Inc., 726 F.2d 136 (4th Cir. 1984), is a pivotal appellate...

Fourth Circuit Establishes Requirement for Explicit Weighting of Medical Evidence in Social Security Disability Determinations

Date: Jan 12, 1984

Fourth Circuit Establishes Requirement for Explicit Weighting of Medical Evidence in Social Security Disability Determinations Introduction The case of Owen L. Gordon v. Richard S. Schweiker,...