4th Circuit Case Commentaries

Roman v. ESB, Inc.: Defining the Boundaries of Class Action in Employment Discrimination

Date: Dec 29, 1976

Roman v. ESB, Inc.: Defining the Boundaries of Class Action in Employment Discrimination Introduction The case of Miriam Conyers Roman et al. v. ESB, Incorporated, decided by the United States Court...

Preservation of Status Quo Pending Arbitration: Lever Brothers v. International Chemical Workers Union, Local 217

Date: Dec 1, 1976

Preservation of Status Quo Pending Arbitration: Lever Brothers v. International Chemical Workers Union, Local 217 Introduction The case of Lever Brothers Company v. International Chemical Workers...

Reversal of Dismissal for Failure to Prosecute: Upholding Rule 16 Standards in Pretrial Procedures

Date: Nov 23, 1976

Reversal of Dismissal for Failure to Prosecute: Upholding Rule 16 Standards in Pretrial Procedures Introduction The case of Pauline McCargo v. Oley G. Hedrick et al. (545 F.2d 393) adjudicated by the...

Chiropractors' Antitrust Action Establishes Precedent on Interstate Commerce Impact and McCarran-Ferguson Act Limitations

Date: Oct 20, 1976

Chiropractors' Antitrust Action Establishes Precedent on Interstate Commerce Impact and McCarran-Ferguson Act Limitations Introduction In the landmark case of Herman L. Ballard et al. v. Blue Shield...

Unified Statutory Penalties and Rescission Conditions under the Truth-in-Lending Act: Powers v. Sims and Levin Realtors

Date: Oct 2, 1976

Unified Statutory Penalties and Rescission Conditions under the Truth-in-Lending Act: Powers v. Sims and Levin Realtors Introduction Eugene Roosevelt Powers and Lila Virginia Powers, the appellants,...

Right to Severance in Joint Criminal Trials: Insights from United States v. Pembroick Edward Foutz, Jr.

Date: Aug 17, 1976

Right to Severance in Joint Criminal Trials: Insights from United States v. Pembroick Edward Foutz, Jr. Introduction United States v. Pembroick Edward Foutz, Jr., 540 F.2d 733 (4th Cir. 1976), is a...

Affirmation of Work Product Doctrine under Rule 26(b)(3) in Duplan Corp. v. Deering Milliken Inc.

Date: Jul 14, 1976

Affirmation of Work Product Doctrine under Rule 26(b)(3) in Duplan Corp. v. Deering Milliken Inc. Introduction The case of The Duplan Corporation et al. v. Deering Milliken, Inc., et al. (540 F.2d...

Defining De Minimis Interests in Judicial Recusal: The Virginia Electric v. Sun Shipbuilding Case

Date: May 25, 1976

Defining De Minimis Interests in Judicial Recusal: The Virginia Electric v. Sun Shipbuilding Case Introduction The case of Virginia Electric and Power Company (VEPCO) v. Sun Shipbuilding and Dry Dock...

Piercing the Corporate Veil: Individual Liability Through Undercapitalization and Dominant Control – DeWITT Truck Brokers, Inc. v. W. Ray Flemming Fruit Company

Date: May 14, 1976

Piercing the Corporate Veil: Individual Liability Through Undercapitalization and Dominant Control DeWITT Truck Brokers, Inc. v. W. Ray Flemming Fruit Company and W. Ray Flemming 1. Introduction In...

Limitations on Recovery under the Federal Tort Claims Act: Analysis of Kielwien v. United States

Date: Apr 23, 1976

Limitations on Recovery under the Federal Tort Claims Act: Analysis of Kielwien v. United States Introduction Case: LIZZIE ETHEL KIELWIEN, APPELLEE v. UNITED STATES OF AMERICA, APPELLANT. Court:...

Constitutional Mandates on Sentence Credit: Durkin v. Davis Analysis

Date: Mar 24, 1976

Constitutional Mandates on Sentence Credit: Durkin v. Davis Analysis Introduction Durkin v. Davis (538 F.2d 1037, 4th Cir. 1976) is a landmark case adjudicated by the United States Court of Appeals...

Substantial Evidence and Judicial Oversight in Disability Determinations: Tyler v. Weinberger

Date: Mar 6, 1976

Substantial Evidence and Judicial Oversight in Disability Determinations: Tyler v. Weinberger Introduction Philip E. Tyler v. Caspar Weinberger, Secretary, HEW is a landmark case adjudicated by the...

Defining the Limits of Preferential Hiring and Bumping under Title VII: A Comprehensive Analysis of Patterson v. American Tobacco Company

Date: Feb 24, 1976

Defining the Limits of Preferential Hiring and Bumping under Title VII: A Comprehensive Analysis of Patterson v. American Tobacco Company Introduction Patterson et al. v. The American Tobacco Company...

Reaffirmation of Use-Restriction Immunity in Federal Prosecutions: Insights from United States v. Jones

Date: Feb 10, 1976

Reaffirmation of Use-Restriction Immunity in Federal Prosecutions: Insights from United States v. Jones Introduction The case of United States of America v. John Edward Jones and Robert Avon Jones,...

Impartiality in Adversarial Trials: Insights from United States v. Karnes

Date: Jan 31, 1976

Impartiality in Adversarial Trials: Insights from United States v. Karnes Introduction United States of America v. Robert Lee Karnes is a pivotal case adjudicated by the United States Court of...

Expanded Enforcive Authority of the EEOC: EEOC v. General Electric Company

Date: Jan 23, 1976

Expanded Enforcive Authority of the EEOC: EEOC v. General Electric Company United States Court of Appeals, Fourth Circuit Decided on January 22, 1976 Introduction The case of Equal Employment...

Morlang v. United States: Key Precedents on Jury Waiver, Witness Impeachment, and Jury Instructions

Date: Dec 31, 1975

Morlang v. United States: Key Precedents on Jury Waiver, Witness Impeachment, and Jury Instructions Introduction Morlang v. United States (531 F.2d 183) is a significant appellate decision from the...

Reasonable Inventory Searches of Impounded Vehicles Affirmed under the Fourth Amendment

Date: Dec 9, 1975

Reasonable Inventory Searches of Impounded Vehicles Affirmed under the Fourth Amendment Introduction In the landmark case of Herbert W. Cabbler v. Superintendent, Virginia State Penitentiary, the...

Affirming the Constitutionality of Administrative Segregated Confinement: Sweet v. South Carolina Department of Corrections

Date: Dec 2, 1975

Affirming the Constitutionality of Administrative Segregated Confinement: Sweet v. South Carolina Department of Corrections Introduction JAMES E. SWEET, APPELLANT v. SOUTH CAROLINA DEPARTMENT OF...

State Action and Reproductive Rights: Doe v. Charleston Area Medical Center

Date: Nov 7, 1975

State Action and Reproductive Rights: Doe v. Charleston Area Medical Center Introduction Doe v. Charleston Area Medical Center, Inc., 529 F.2d 638 (4th Cir. 1975), is a landmark appellate case that...