4th Circuit Case Commentaries

Procedural Fairness in Social Security Disability Appeals: The Importance of Subpoenaing Adverse Witnesses

Date: Oct 29, 1975

Procedural Fairness in Social Security Disability Appeals: The Importance of Subpoenaing Adverse Witnesses Introduction The case of Woodrow B. Taylor v. Caspar Weinberger addresses critical issues...

Reversal of Statute of Limitations in Civil Rights Actions Based on Knowledge of Injury

Date: Oct 7, 1975

Reversal of Statute of Limitations in Civil Rights Actions Based on Knowledge of Injury Introduction In the case of Nial Ruth Cox v. A. M. Stanton, M.D., et al. (529 F.2d 47), the United States Court...

Standards for Approving Class Action Settlements Under Title VII: Insights from Flinn v. FMC Corp.

Date: Oct 7, 1975

Standards for Approving Class Action Settlements Under Title VII: Insights from Flinn v. FMC Corp. Introduction Mabel Flinn, et al., Appellants v. FMC Corporation and Local 9 Textile Workers Union of...

Fourth Circuit Upholds Convictions in United States v. Peterson: Establishing Authority in Consent Searches

Date: Aug 20, 1975

Fourth Circuit Upholds Convictions in United States v. Peterson: Establishing Authority in Consent Searches Introduction The case of United States of America v. Stanley Bernard Peterson and...

Distinct Sentencing in Bank Robbery and Kidnapping: Crawford v. United States

Date: Jul 16, 1975

Distinct Sentencing in Bank Robbery and Kidnapping: Crawford v. United States Introduction Crawford v. United States (519 F.2d 347) is a pivotal case adjudicated by the United States Court of Appeals...

Reaffirmation of the Feres Doctrine and Extension of Intra-Service Immunity in Hass v. United States

Date: Jul 2, 1975

Reaffirmation of the Feres Doctrine and Extension of Intra-Service Immunity in Hass v. United States Introduction In the landmark case of Jon Edward Hass v. United States of America et al. (518 F.2d...

Establishing Private Cause of Action under Section 17(a) of the Securities Act: Newman v. Ferrell Prior

Date: Jun 18, 1975

Establishing Private Cause of Action under Section 17(a) of the Securities Act: Newman v. Ferrell Prior Introduction The case of Dr. D. W. Newman et al. v. Ferrell Prior, decided on June 17, 1975, by...

Broadening Class Action Criteria in Title VII Discrimination Cases: Barnett v. W.T. Grant Co.

Date: Jun 13, 1975

Broadening Class Action Criteria in Title VII Discrimination Cases: Barnett v. W.T. Grant Co. Introduction In Hyland Lewis Barnett v. W.T. Grant Company et al., 518 F.2d 543 (4th Cir. 1975), the...

Carras Estate v. Merrill Lynch: Establishing Enhanced Broker Fiduciary Duties Under Rule 10b-5

Date: May 7, 1975

Carras Estate v. Merrill Lynch: Establishing Enhanced Broker Fiduciary Duties Under Rule 10b-5 Introduction Helen C. Carras and Bill G. Carras, Co-Executors of the Estate of Gus N. Carras, Deceased...

Individual Director Liability Under Civil Rights Acts: Insights from Tillman v. Wheaton-Haven Recreation Association

Date: Apr 16, 1975

Individual Director Liability Under Civil Rights Acts: Insights from Tillman v. Wheaton-Haven Recreation Association Introduction The case of Murray Tillman et al. v. Wheaton-Haven Recreation...

Exhaustion of State Remedies Not Required for Inmates Filing § 1983 Suits: A Comprehensive Review of McCray v. Burrell

Date: Apr 11, 1975

Exhaustion of State Remedies Not Required for Inmates Filing § 1983 Suits: A Comprehensive Review of McCray v. Burrell Introduction The case of Milton McCray v. Robert Burrell is a significant...

Reversing Secretary's Denial: The Taylor v. Weinberger Precedent on Disability Benefits

Date: Mar 18, 1975

Reversing Secretary's Denial: The Taylor v. Weinberger Precedent on Disability Benefits Introduction The case of DORIS A. TAYLOR v. CASPAR WEINBERGER, SECRETARY OF HEALTH, EDUCATION AND WELFARE, 512...

Duplan Corp. v. Deering Milliken Inc.: Establishing Strict Boundaries for Attorney-Client and Work Product Privileges in Multi-District Patent-Antitrust Litigation

Date: Feb 14, 1975

Duplan Corp. v. Deering Milliken Inc.: Establishing Strict Boundaries for Attorney-Client and Work Product Privileges in Multi-District Patent-Antitrust Litigation Introduction The case of The Duplan...

Continued Protection of Attorneys' Opinion Work Product in Subsequent Litigation: DUPLAN CORP. v. MOULINAGE ET RETORDERIE de Chavanoz

Date: Oct 19, 1974

Continued Protection of Attorneys' Opinion Work Product in Subsequent Litigation: DUPLAN CORP. v. MOULINAGE ET RETORDERIE de Chavanoz Introduction The landmark case Duplan Corporation v. Moulinage et...

Ellicott Machine Corp. v. Modern Welding Co.: Upholding the First-to-File Venue Principle and Limiting Interlocutory Appeals

Date: Aug 13, 1974

Ellicott Machine Corp. v. Modern Welding Co.: Upholding the First-to-File Venue Principle and Limiting Interlocutory Appeals Introduction Ellicott Machine Corporation (Appellee) v. Modern Welding...

Rowley v. McMillan: Defining the Boundaries of Executive Immunity in Protecting Constitutional Rights

Date: Jul 27, 1974

Rowley v. McMillan: Defining the Boundaries of Executive Immunity in Protecting Constitutional Rights Introduction In Rowley and Grimes v. McMillan et al., the United States Court of Appeals for the...

Defendant's Right to Presence and Reliability of Informant Testimony in U.S. v. Gregorio

Date: Jun 1, 1974

Defendant's Right to Presence and Reliability of Informant Testimony in United States v. Gregorio Introduction United States of America v. Paul F. Gregorio, 497 F.2d 1253 (4th Cir. 1974), presents a...

Enhancing Interstate Commerce Jurisdiction in Antitrust Law: Fourth Circuit Reverses Summary Judgment in Greenville Publishing v. The Daily Reflector

Date: May 2, 1974

Enhancing Interstate Commerce Jurisdiction in Antitrust Law: Fourth Circuit Reverses Summary Judgment in Greenville Publishing v. The Daily Reflector Introduction In the landmark case of Greenville...

Requirement for Local Boards to Articulate Reasons for Denying Conscientious Objector Claims: The Wainscott Precedent

Date: Apr 26, 1974

Requirement for Local Boards to Articulate Reasons for Denying Conscientious Objector Claims: The Wainscott Precedent Introduction The case of United States of America v. John Charles Wainscott (496...

Preponderance of Evidence Standard Established in Breeden v. Weinberger

Date: Mar 20, 1974

Preponderance of Evidence Standard Established in Breeden v. Weinberger Introduction The case of Minnie Florence Breeden v. Caspar W. Weinberger, Secretary of Health, Education, and Welfare, decided...