4th Circuit Case Commentaries

Clarifying Damage Assessment and Prohibiting Claim Reduction Defenses in Antitrust Treble-Damages: Burlington Industries, Inc. v. Milliken Company

Date: Sep 24, 1982

Clarifying Damage Assessment and Prohibiting Claim Reduction Defenses in Antitrust Treble-Damages: Burlington Industries, Inc. v. Milliken Company Introduction The case of Burlington Industries, Inc....

Clarifying 'Good Faith' in Chapter 13 Bankruptcy: Deans v. O'Donnell Sets New Precedent

Date: Sep 24, 1982

Clarifying 'Good Faith' in Chapter 13 Bankruptcy: Deans v. O'Donnell Sets New Precedent Introduction Margaret Ann Deans v. Gerald O'Donnell, Trustee is a pivotal case decided by the United States...

Age as a Determining Factor in ADEA Violations: The Cline v. Roadway Express Decision

Date: Sep 17, 1982

Age as a Determining Factor in ADEA Violations: The Cline v. Roadway Express Decision Introduction Carlyle S. Cline v. Roadway Express, Inc., 689 F.2d 481 (4th Cir. 1982) is a pivotal case in the...

Orpiano v. Johnson: Magistrate Referral Without Prisoner Consent and Due Process Failures

Date: Sep 11, 1982

Orpiano v. Johnson: Magistrate Referral Without Prisoner Consent and Due Process Failures Introduction The case Quintin Orpiano v. Gene M. Johnson, Warden; W.P. Rodgers, Assistant Warden (Security);...

UNITED STATES v. MacDONALD: Establishing Standards for Evidence Admissibility and Due Process

Date: Aug 17, 1982

UNITED STATES v. MacDONALD: Establishing Standards for Evidence Admissibility and Due Process Introduction United States of America v. Jeffrey R. MacDonald is a landmark case adjudicated by the...

Enhanced Standards for Substantial Evidence in Social Security Disability Claims: Lester v. Schweiker

Date: Jul 10, 1982

Enhanced Standards for Substantial Evidence in Social Security Disability Claims: Lester v. Schweiker Introduction JACOB E. LESTER, JR., APPELLANT, v. RICHARD S. SCHWEIKER, SECRETARY OF HEALTH AND...

Enforcing Fair Housing: Compelling Municipalities to Facilitate Public Housing in the Wake of Racial Discrimination – Clarkton v. Smith

Date: Jun 30, 1982

Enforcing Fair Housing: Compelling Municipalities to Facilitate Public Housing in the Wake of Racial Discrimination – Clarkton v. Smith Introduction In the landmark case James Smith, Appellee v. The...

MacCloskey Decision: Standards for Defense Witness Unavailability and Prosecutorial Conduct

Date: Jun 18, 1982

MacCloskey Decision: Standards for Defense Witness Unavailability and Prosecutorial Conduct Introduction In United States of America v. Jack Randall MacCloskey, 682 F.2d 468 (4th Cir. 1982), the...

False Claims Act Does Not Preclude Prosecution Under Mail and Wire Fraud: US v. Computer Sciences Corp

Date: Jun 17, 1982

False Claims Act Does Not Preclude Prosecution Under Mail and Wire Fraud: US v. Computer Sciences Corp Introduction United States v. Computer Sciences Corporation is a pivotal case adjudicated by the...

Lovelace v. Sherwin-Williams: Affirming the Burden of Proof in Age Discrimination Cases

Date: Jun 16, 1982

Lovelace v. Sherwin-Williams: Affirming the Burden of Proof in Age Discrimination Cases Introduction Lovelace v. Sherwin-Williams Company, 681 F.2d 230 (4th Cir. 1982), is a pivotal case in the realm...

Appellate Review of Trial Court's Consolidation and Damage Award Decisions in Aviation Negligence Cases: Arnold IV v. Eastern Air Lines

Date: Jun 5, 1982

Appellate Review of Trial Court's Consolidation and Damage Award Decisions in Aviation Negligence Cases: Arnold IV v. Eastern Air Lines Introduction The case of Richard Arnold, IV, Appellee v....

Reinforcement of Strict Causation and Expert Testimony Standards in Medical Malpractice: Fitzgerald v. Manning

Date: May 21, 1982

Reinforcement of Strict Causation and Expert Testimony Standards in Medical Malpractice: Fitzgerald v. Manning Introduction Russell T. Fitzgerald v. Preston C. Manning, Jr., M.D., 679 F.2d 341 (4th...

Establishing Evidentiary Standards in Involuntary Manslaughter: United States v. Tresvant

Date: May 6, 1982

Establishing Evidentiary Standards in Involuntary Manslaughter: United States v. Tresvant Introduction United States of America v. Henry Tresvant, III is a pivotal case adjudicated by the United...

Establishing Knowledge of Armed Robbery in Aiding and Abetting: United States v. McCaskill

Date: Apr 16, 1982

Establishing Knowledge of Armed Robbery in Aiding and Abetting: United States of America v. Milton L. McCaskill Introduction The case of United States of America v. Milton L. McCaskill, 676 F.2d 995...

Fraud on the Court and the Finality of Judgments: Insights from Great Coastal Express, Inc. v. International Brotherhood of Teamsters

Date: Apr 13, 1982

Fraud on the Court and the Finality of Judgments: Insights from Great Coastal Express, Inc. v. International Brotherhood of Teamsters Introduction The case of Great Coastal Express, Inc. v....

Fourth Circuit Reaffirms Waiver of Detainer Act's 120-Day Limit in United States v. Odom

Date: Mar 19, 1982

Fourth Circuit Reaffirms Waiver of Detainer Act's 120-Day Limit in United States v. Odom Introduction United States of America v. Gary DeWitt Odom, 674 F.2d 228 (4th Cir. 1982), presents a pivotal...

Permissive Intervention Standards in Title VII Class Actions: Insights from Hill v. Western Electric Company

Date: Mar 2, 1982

Permissive Intervention Standards in Title VII Class Actions: Insights from Hill v. Western Electric Company Introduction The case of Hill v. Western Electric Company, Inc. adjudicated by the United...

Insufficient Evidence for Forgery Conviction and Standards for Effective Counsel: Sneed v. Smith

Date: Feb 12, 1982

Insufficient Evidence for Forgery Conviction and Standards for Effective Counsel: Sneed v. Smith Introduction The case of Robert M. Sneed, A/K/A Larry K. Sneed v. J. Richard Smith et al., adjudicated...

Judicial Estoppel Upholds Consistency in Litigant Positions: Analyzing Allen v. Zurich Insurance Company

Date: Jan 9, 1982

Judicial Estoppel Upholds Consistency in Litigant Positions: Analyzing Allen v. Zurich Insurance Company Introduction Grady Allen v. Zurich Insurance Company is a pivotal case decided by the United...

Administrative Res Judicata in Social Security Claims: Insights from McGowen v. Harris

Date: Dec 11, 1981

Administrative Res Judicata in Social Security Claims: Insights from McGowen v. Harris Introduction In Osmund McGowen v. Patricia R. Harris, decided by the United States Court of Appeals, Fourth...