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  • Commentaries
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4th Circuit Case Commentaries

Functionality of Registered Trade Dress Requires Jury Determination: McAirlaids v. Kimberly-Clark

Functionality of Registered Trade Dress Requires Jury Determination: McAirlaids v. Kimberly-Clark

Date: Jun 26, 2014
Functionality of Registered Trade Dress Requires Jury Determination: McAirlaids v. Kimberly-Clark Introduction In the case of McAIRLAIDS, Inc. v. Kimberly–Clark Corporation, the United States Court...
Scope of Federal Rule of Civil Procedure 60(a) in Correcting Sanctions Orders: Fourth Circuit Upholds District Court’s Sanctioning of Plaintiff’s Counsel

Scope of Federal Rule of Civil Procedure 60(a) in Correcting Sanctions Orders: Fourth Circuit Upholds District Court’s Sanctioning of Plaintiff’s Counsel

Date: Jun 24, 2014
Scope of Federal Rule of Civil Procedure 60(a) in Correcting Sanctions Orders: Fourth Circuit Upholds District Court’s Sanctioning of Plaintiff’s Counsel Introduction The case of Paul A. Sartin,...
Affirmation of Healthcare Fraud and Perjury Convictions: Comprehensive Analysis of United States v. Louthian

Affirmation of Healthcare Fraud and Perjury Convictions: Comprehensive Analysis of United States v. Louthian

Date: Jun 24, 2014
Affirmation of Healthcare Fraud and Perjury Convictions: Comprehensive Analysis of United States v. Louthian Introduction United States of America v. Eddie Wayne Louthian, Sr. is a pivotal case...
Clarifying ACCA Predicate Offenses: United States v. Mungro

Clarifying ACCA Predicate Offenses: United States v. Mungro

Date: Jun 12, 2014
Clarifying ACCA Predicate Offenses: United States v. Mungro Introduction United States of America v. Harvey Lee Mungro, Jr., 754 F.3d 267 (4th Cir. 2014), represents a pivotal case in the...
Hairston v. United States: Re-defining Successive §2255 Motions in Federal Law

Hairston v. United States: Re-defining Successive §2255 Motions in Federal Law

Date: Jun 12, 2014
Hairston v. United States: Re-defining Successive §2255 Motions in Federal Law Introduction In United States v. Hairston, 754 F.3d 258 (4th Cir. 2014), the United States Court of Appeals for the...
Substantial Justification Under the Equal Access to Justice Act: Insights from Meyer v. Colvin

Substantial Justification Under the Equal Access to Justice Act: Insights from Meyer v. Colvin

Date: Jun 11, 2014
Substantial Justification Under the Equal Access to Justice Act: Insights from Meyer v. Colvin Introduction The case of Maurice E. Meyer, III, Plaintiff–Appellant versus Carolyn W. Colvin, Acting...
Quiet Title Action Requires Plausible Claim of Legal Title: Analysis of Anand v. Ocwen Loan Servicing, LLC & Deutsche Bank National Trust Company

Quiet Title Action Requires Plausible Claim of Legal Title: Analysis of Anand v. Ocwen Loan Servicing, LLC & Deutsche Bank National Trust Company

Date: Jun 7, 2014
Quiet Title Action Requires Plausible Claim of Legal Title: Analysis of Anand v. Ocwen Loan Servicing, LLC; Deutsche Bank National Trust Company Introduction In the case of Chandra Anand; Renu Anand...
Reinforcing the Reliability of In-Court Eyewitness Identification: Insights from Fowler v. Joyner

Reinforcing the Reliability of In-Court Eyewitness Identification: Insights from Fowler v. Joyner

Date: Jun 3, 2014
Reinforcing the Reliability of In-Court Eyewitness Identification: Insights from Fowler v. Joyner Introduction Fowler v. Joyner, 753 F.3d 446 (4th Cir. 2014), is a pivotal case from the United States...
Public Employee's Right to Critique Government Programs Protected: Smith v. Gilchrist Establishes Clear Precedent

Public Employee's Right to Critique Government Programs Protected: Smith v. Gilchrist Establishes Clear Precedent

Date: May 15, 2014
Public Employee's Right to Critique Government Programs Protected: Smith v. Gilchrist Establishes Clear Precedent Introduction In the landmark case Sean P. Smith v. Peter S. Gilchrist, III, decided...
Refining the Contributing Factor Standard in SOX Whistleblower Claims: Feldman v. Law Enforcement Associates Corp.

Refining the Contributing Factor Standard in SOX Whistleblower Claims: Feldman v. Law Enforcement Associates Corp.

Date: May 13, 2014
Refining the Contributing Factor Standard in SOX Whistleblower Claims: Feldman v. Law Enforcement Associates Corp. Introduction The case Paul H. Feldman, Plaintiff–Appellant, and Martin L. Perry,...
Enhancing Habeas Corpus Standards: Barnes v. Joyner Establishes Critical Presumptions in Juror Misconduct Cases

Enhancing Habeas Corpus Standards: Barnes v. Joyner Establishes Critical Presumptions in Juror Misconduct Cases

Date: May 6, 2014
Enhancing Habeas Corpus Standards: Barnes v. Joyner Establishes Critical Presumptions in Juror Misconduct Cases Introduction In the landmark case of William Leroy Barnes v. Carlton Joyner, the United...
Exclusion of Expert Witness and Amendment Denial in Wilkins v. Montgomery: Upholding Procedural Standards in Federal Litigation

Exclusion of Expert Witness and Amendment Denial in Wilkins v. Montgomery: Upholding Procedural Standards in Federal Litigation

Date: May 6, 2014
Exclusion of Expert Witness and Amendment Denial in Wilkins v. Montgomery: Upholding Procedural Standards in Federal Litigation Introduction The case of Denise C. Wilkins, Individually and as...
Affirmation of § 922(g)(3): Balancing Second Amendment Rights and Public Safety

Affirmation of § 922(g)(3): Balancing Second Amendment Rights and Public Safety

Date: May 1, 2014
Affirmation of § 922(g)(3): Balancing Second Amendment Rights and Public Safety Introduction United States v. Benjamin Tod Carter, 750 F.3d 462, is a pivotal case decided by the United States Court...
Reaffirmation of Sentencing Enhancements: Application of 'Use of a Minor' and 'Leadership' in Drug Conspiracy Cases

Reaffirmation of Sentencing Enhancements: Application of 'Use of a Minor' and 'Leadership' in Drug Conspiracy Cases

Date: Apr 30, 2014
Reaffirmation of Sentencing Enhancements: Application of 'Use of a Minor' and 'Leadership' in Drug Conspiracy Cases Introduction In the case of United States of America v. Erasto Gomez-Jimenez and...
Fourth Circuit Reverses Summary Judgment on Third-Party Harassment Claims, Establishing Employer Liability Standards

Fourth Circuit Reverses Summary Judgment on Third-Party Harassment Claims, Establishing Employer Liability Standards

Date: Apr 30, 2014
Fourth Circuit Reverses Summary Judgment on Third-Party Harassment Claims, Establishing Employer Liability Standards Introduction In the landmark case of Lori Freeman v. Dal–Tile Corporation, decided...
Necessity of Indispensable Party Joinder in Diversity Jurisdiction: Insights from Hanna v. Home Buyers Warranty Corp.

Necessity of Indispensable Party Joinder in Diversity Jurisdiction: Insights from Hanna v. Home Buyers Warranty Corp.

Date: Apr 30, 2014
Necessity of Indispensable Party Joinder in Diversity Jurisdiction: Insights from Hanna v. Home Buyers Warranty Corporation Introduction In the case of Home Buyers Warranty Corporation, a Colorado...
United States v. Ramirez Umaña: Establishing Precedent on RICO-Related Capital Sentencing

United States v. Ramirez Umaña: Establishing Precedent on RICO-Related Capital Sentencing

Date: Apr 24, 2014
United States v. Ramirez Umaña: Establishing Precedent on RICO-Related Capital Sentencing Introduction Case: United States of America, Plaintiff–Appellee, v. Alejandro Enrique Ramirez Umaña, a/k/a...
Fourth Circuit Establishes Enhanced Public Access and Appellate Standing for Nonparty Groups in Sealed Litigation

Fourth Circuit Establishes Enhanced Public Access and Appellate Standing for Nonparty Groups in Sealed Litigation

Date: Apr 17, 2014
Fourth Circuit Establishes Enhanced Public Access and Appellate Standing for Nonparty Groups in Sealed Litigation Introduction The case of Company Doe v. Public Citizen; Consumer Federation of...
Fourth Circuit Upholds Contempt Sanctions Against Lavabit for Non-Compliance with Pen/Trap Order

Fourth Circuit Upholds Contempt Sanctions Against Lavabit for Non-Compliance with Pen/Trap Order

Date: Apr 17, 2014
Fourth Circuit Upholds Contempt Sanctions Against Lavabit for Non-Compliance with Pen/Trap Order Introduction In the landmark case of In re UNDER SEAL United States of America, Plaintiff–Appellee, v....
Erroneous Career Offender Enhancements Constitute a Fundamental Miscarriage of Justice: Analysis of Whiteside v. United States

Erroneous Career Offender Enhancements Constitute a Fundamental Miscarriage of Justice: Analysis of Whiteside v. United States

Date: Apr 9, 2014
Erroneous Career Offender Enhancements Constitute a Fundamental Miscarriage of Justice: Analysis of Whiteside v. United States Introduction Whiteside v. United States (748 F.3d 541, 4th Cir. 2014) is...
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