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  • Commentaries
  • Judgments

4th Circuit Case Commentaries

Affirmation of Timeliness Requirement for Judicial Recusal under 28 U.S.C. §455(b)(2): Kolon Industries Inc. v. E.I. DuPont de Nemours & Co.

Affirmation of Timeliness Requirement for Judicial Recusal under 28 U.S.C. §455(b)(2): Kolon Industries Inc. v. E.I. DuPont de Nemours & Co.

Date: Apr 4, 2014
Affirmation of Timeliness Requirement for Judicial Recusal under 28 U.S.C. §455(b)(2): Kolon Industries Inc. v. E.I. DuPont de Nemours & Co. Introduction The case of Kolon Industries Incorporated v....
Defining Arm-of-the-State Status Under the False Claims Act: Insights from Oberg v. PHEAA

Defining Arm-of-the-State Status Under the False Claims Act: Insights from Oberg v. PHEAA

Date: Mar 14, 2014
Defining Arm-of-the-State Status Under the False Claims Act: Insights from Oberg v. PHEAA Introduction In the landmark case of United States ex rel. Jon H. Oberg v. Pennsylvania Higher Education...
Non-Attorney Parent Representation in Federal Discrimination Cases: Commentary on M.D. v. School Board of Richmond

Non-Attorney Parent Representation in Federal Discrimination Cases: Commentary on M.D. v. School Board of Richmond

Date: Mar 12, 2014
Non-Attorney Parent Representation in Federal Discrimination Cases: Commentary on M.D. v. School Board of Richmond Introduction The case of M.D., a minor child; Melodie Shuler, as parent and next...
In re Municipal Mortgage & Equity, LLC: Strengthening Scienter Standards in Securities Fraud Litigation

In re Municipal Mortgage & Equity, LLC: Strengthening Scienter Standards in Securities Fraud Litigation

Date: Mar 8, 2014
In re Municipal Mortgage & Equity, LLC: Strengthening Scienter Standards in Securities Fraud Litigation Introduction The case of Robert Yates, MJG–08–269; Alan S. Barry, MJG–08–269; David Young,...
Fourth Circuit Clarifies Political Question Doctrine and Derivative Sovereign Immunity in Military Contractor Litigation

Fourth Circuit Clarifies Political Question Doctrine and Derivative Sovereign Immunity in Military Contractor Litigation

Date: Mar 7, 2014
Fourth Circuit Clarifies Political Question Doctrine and Derivative Sovereign Immunity in Military Contractor Litigation Introduction The case of In re KBR, Incorporated Burn Pit Litigation, 744 F.3d...
4th Circuit Upholds Baltimore's Time, Place, and Manner Restrictions on Protests: Establishment of Precedent for Content-Neutral Speech Regulation

4th Circuit Upholds Baltimore's Time, Place, and Manner Restrictions on Protests: Establishment of Precedent for Content-Neutral Speech Regulation

Date: Mar 6, 2014
4th Circuit Upholds Baltimore's Time, Place, and Manner Restrictions on Protests: Establishment of Precedent for Content-Neutral Speech Regulation Introduction In the case of Aaron Ross,...
Fourth Circuit Establishes 'Knowingly' in §2423(a) Does Not Necessitate Knowledge of Victim’s Minor Status

Fourth Circuit Establishes 'Knowingly' in §2423(a) Does Not Necessitate Knowledge of Victim’s Minor Status

Date: Mar 1, 2014
Fourth Circuit Establishes 'Knowingly' in §2423(a) Does Not Necessitate Knowledge of Victim’s Minor Status Introduction The case of United States of America v. Dwane Washington, adjudicated by the...
Upheld Filing Deadlines for New Political Parties in North Carolina: A Comprehensive Analysis of Al Pisano et al. v. Kim Westbrook Strach

Upheld Filing Deadlines for New Political Parties in North Carolina: A Comprehensive Analysis of Al Pisano et al. v. Kim Westbrook Strach

Date: Feb 28, 2014
Upheld Filing Deadlines for New Political Parties in North Carolina: A Comprehensive Analysis of Al Pisano et al. v. Kim Westbrook Strach Introduction The case of Al Pisano; North Carolina...
Reevaluation of Evidence Sufficiency in Robbery Convictions: United States v. Strayhorn

Reevaluation of Evidence Sufficiency in Robbery Convictions: United States v. Strayhorn

Date: Feb 27, 2014
Reevaluation of Evidence Sufficiency in Robbery Convictions: United States v. Strayhorn Introduction In United States v. Strayhorn, decided on February 26, 2014, the United States Court of Appeals...
Fourth Circuit Upholds Plaintiff's Right to Cure Defective Service Through Nonsuit Mechanism

Fourth Circuit Upholds Plaintiff's Right to Cure Defective Service Through Nonsuit Mechanism

Date: Feb 26, 2014
Fourth Circuit Upholds Plaintiff's Right to Cure Defective Service Through Nonsuit Mechanism Introduction In the case of Jacqueline Rice v. Alpha Security, Incorporated; Budget Motels, Incorporated,...
Defendant’s Choice to Proceed with Sentencing Constitutes Waiver of Objections to PSR Calculations: Robinson v. United States

Defendant’s Choice to Proceed with Sentencing Constitutes Waiver of Objections to PSR Calculations: Robinson v. United States

Date: Feb 22, 2014
Defendant’s Choice to Proceed with Sentencing Constitutes Waiver of Objections to PSR Calculations: Robinson v. United States Introduction The case of United States of America v. Steven L. Robinson,...
Affirming Bystander Liability under 42 U.S.C. § 1983: Stevenson v. City of Seat Pleasant

Affirming Bystander Liability under 42 U.S.C. § 1983: Stevenson v. City of Seat Pleasant

Date: Feb 22, 2014
Affirming Bystander Liability under 42 U.S.C. § 1983: Stevenson v. City of Seat Pleasant Introduction Stevenson v. City of Seat Pleasant is a pivotal case adjudicated by the United States Court of...
United States ex rel. Rostholder v. Omnicare, Inc.: Strengthening the Criteria for FCA Claims and Clarifying the Public Disclosure Bar

United States ex rel. Rostholder v. Omnicare, Inc.: Strengthening the Criteria for FCA Claims and Clarifying the Public Disclosure Bar

Date: Feb 22, 2014
United States ex rel. Rostholder v. Omnicare, Inc.: Strengthening the Criteria for FCA Claims and Clarifying the Public Disclosure Bar Introduction This commentary examines the landmark decision in...
Comprehensive Commentary on United States v. Hassan et al.: Affirmation of Conspiracy to Provide Material Support for Terrorism

Comprehensive Commentary on United States v. Hassan et al.: Affirmation of Conspiracy to Provide Material Support for Terrorism

Date: Feb 5, 2014
Affirmation of Conspiracy to Provide Material Support for Terrorism in United States v. Hassan et al. Introduction In the landmark case of United States of America v. Mohammad Omar Aly Hassan, Ziyad...
Fourth Circuit Establishes Standards for Religious Accommodations in Prisons: Wall v. Wade

Fourth Circuit Establishes Standards for Religious Accommodations in Prisons: Wall v. Wade

Date: Feb 4, 2014
Fourth Circuit Establishes Standards for Religious Accommodations in Prisons: Wall v. Wade Introduction In the landmark case of Gary Wall, Plaintiff–Appellant, v. James Wade, Food Services Manager,...
Balancing Legislative and Sovereign Immunity in Employment Discrimination: McCray v. Maryland Transit Administration

Balancing Legislative and Sovereign Immunity in Employment Discrimination: McCray v. Maryland Transit Administration

Date: Jan 31, 2014
Balancing Legislative and Sovereign Immunity in Employment Discrimination: McCray v. Maryland Transit Administration Introduction The case of Marie M. McCray v. Maryland Department of Transportation...
Reaffirming FDCA Preemption of State Tort Claims in Generic Drug Liability: Drager v. PLIVA USA, Inc.

Reaffirming FDCA Preemption of State Tort Claims in Generic Drug Liability: Drager v. PLIVA USA, Inc.

Date: Jan 29, 2014
Reaffirming FDCA Preemption of State Tort Claims in Generic Drug Liability: Drager v. PLIVA USA, Inc. Introduction The case of Arthur L. Drager, as Personal Representative for the Estate of Shirley...
Expanded ADA Protection for Temporary Impairments: Analysis of Summers v. Altarum Institute

Expanded ADA Protection for Temporary Impairments: Analysis of Summers v. Altarum Institute

Date: Jan 24, 2014
Expanded ADA Protection for Temporary Impairments: Analysis of Summers v. Altarum Institute Introduction Summers v. Altarum Institute is a significant appellate decision from the United States Court...
Establishing Boundaries of Qualified Immunity and Reasonable Attorney's Fees in McAfee v. Boczar

Establishing Boundaries of Qualified Immunity and Reasonable Attorney's Fees in McAfee v. Boczar

Date: Jan 24, 2014
Establishing Boundaries of Qualified Immunity and Reasonable Attorney's Fees in McAfee v. Boczar Introduction The case of Eileen McAfee v. Christine M. Boczar, decided on January 23, 2014, by the...
Excluding FDA 510(k) Clearance Evidence in State Tort Claims: Implications from Lewis v. Johnson & Johnson

Excluding FDA 510(k) Clearance Evidence in State Tort Claims: Implications from Lewis v. Johnson & Johnson

Date: Jan 16, 2014
Excluding FDA 510(k) Clearance Evidence in State Tort Claims: Implications from Lewis v. Johnson & Johnson Court: United States District Court, S.D. West Virginia Date: January 15, 2014 Case: Carolyn...
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