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  • Commentaries
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4th Circuit Case Commentaries

4th Circuit Upholds Due Process in Automated Speeding Citations Issued by First-Class Mail

4th Circuit Upholds Due Process in Automated Speeding Citations Issued by First-Class Mail

Date: Jan 8, 2014
4th Circuit Upholds Due Process in Automated Speeding Citations Issued by First-Class Mail Introduction In the landmark case of Snider International Corporation, trading as Easto v. Town of Forest...
Determining a Corporation's Principal Place of Business Under the 'Nerve Center' Test: Hoschar v. Appalachian Power Co.

Determining a Corporation's Principal Place of Business Under the 'Nerve Center' Test: Hoschar v. Appalachian Power Co.

Date: Jan 8, 2014
Determining a Corporation's Principal Place of Business Under the 'Nerve Center' Test: Hoschar v. Appalachian Power Co. Introduction Hoschar v. Appalachian Power Company is a pivotal case that...
Fourth Circuit Upholds Search and Hearsay Exceptions in Dargan v. United States

Fourth Circuit Upholds Search and Hearsay Exceptions in Dargan v. United States

Date: Dec 25, 2013
Fourth Circuit Upholds Search and Hearsay Exceptions in Dargan v. United States Introduction Dargan v. United States, 738 F.3d 643 (4th Cir. 2013), is a pivotal case adjudicated by the United States...
Integrated Consideration of Sentencing Factors in Supervised Release Revocations: Analysis of United States v. Webb

Integrated Consideration of Sentencing Factors in Supervised Release Revocations: Analysis of United States v. Webb

Date: Dec 20, 2013
Integrated Consideration of Sentencing Factors in Supervised Release Revocations: Analysis of United States v. Webb Introduction In the case of United States of America v. Austin Romaine Webb, Jr.,...
Affirmation of First Amendment Protections in "Occupy Columbia" Case

Affirmation of First Amendment Protections in "Occupy Columbia" Case

Date: Dec 17, 2013
Affirmation of First Amendment Protections in "Occupy Columbia" Case Introduction The "Occupy Columbia" case, adjudicated by the United States Court of Appeals for the Fourth Circuit on December 16,...
Fourth Circuit Rules Personal Releases Do Not Preclude Subsequent Qui Tam Actions under the False Claims Act

Fourth Circuit Rules Personal Releases Do Not Preclude Subsequent Qui Tam Actions under the False Claims Act

Date: Dec 13, 2013
Fourth Circuit Rules Personal Releases Do Not Preclude Subsequent Qui Tam Actions under the False Claims Act Introduction The case of UNITED STATES ex rel. Steven May and Angela Radcliffe v. Purdue...
Non-Retroactivity of the Fair Sentencing Act in §3582(c)(2) Proceedings

Non-Retroactivity of the Fair Sentencing Act in §3582(c)(2) Proceedings

Date: Dec 7, 2013
Non-Retroactivity of the Fair Sentencing Act in §3582(c)(2) Proceedings Introduction The case of United States of America v. Darnell Black (737 F.3d 280, 4th Cir. 2013) addresses a critical issue...
Establishing Limits of US Coast Guard Liability in Rescue Operations under the Suits in Admiralty Act: Turner v. United States Coast Guard

Establishing Limits of US Coast Guard Liability in Rescue Operations under the Suits in Admiralty Act: Turner v. United States Coast Guard

Date: Nov 21, 2013
Establishing Limits of US Coast Guard Liability in Rescue Operations under the Suits in Admiralty Act: Turner v. United States Coast Guard Introduction The case of Susan C. Turner, Individually and...
Foreseeability and Duty Under FTCA Reinforced in Durden v. United States

Foreseeability and Duty Under FTCA Reinforced in Durden v. United States

Date: Nov 21, 2013
Foreseeability and Duty Under FTCA Reinforced in Durden v. United States Introduction In the case of Maria Nicole Durden v. United States of America, decided on November 20, 2013, the United States...
Defining Nominal Parties in Removal: Hartford Fire Insurance Co. v. Harleysville Mutual Insurance Co.

Defining Nominal Parties in Removal: Hartford Fire Insurance Co. v. Harleysville Mutual Insurance Co.

Date: Nov 16, 2013
Defining Nominal Parties in Removal: Hartford Fire Insurance Co. v. Harleysville Mutual Insurance Co. Introduction The case Hartford Fire Insurance Company v. Harleysville Mutual Insurance Company et...
Affirmation of Denied Qualified Immunity in Excessive Force Case: Cooper v. Sheehan

Affirmation of Denied Qualified Immunity in Excessive Force Case: Cooper v. Sheehan

Date: Nov 8, 2013
Affirmation of Denied Qualified Immunity in Excessive Force Case: Cooper v. Sheehan Introduction The case of George Cooper, Sr. v. James Sheehan et al., adjudicated by the United States Court of...
Clarifying ACCA Violent Felonies: The Fourth Circuit's Decision in United States v. Hemingway

Clarifying ACCA Violent Felonies: The Fourth Circuit's Decision in United States v. Hemingway

Date: Nov 1, 2013
Clarifying ACCA Violent Felonies: The Fourth Circuit's Decision in United States v. Hemingway Introduction In the landmark case of United States of America v. Leroy Deon Hemingway, the United States...
Radford v. Colvin: Clarifying Criteria for Spinal Impairment in Social Security Disability Claims

Radford v. Colvin: Clarifying Criteria for Spinal Impairment in Social Security Disability Claims

Date: Oct 30, 2013
Radford v. Colvin: Clarifying Criteria for Spinal Impairment in Social Security Disability Claims Introduction The case of Jimmy Radford v. Carolyn W. Colvin (No. 13–1021) adjudicated by the United...
Summary Judgment Dismissals as Strikes Under PLRA: Blakely v. Wards

Summary Judgment Dismissals as Strikes Under PLRA: Blakely v. Wards

Date: Oct 23, 2013
Summary Judgment Dismissals as Strikes Under PLRA: Blakely v. Wards Introduction In the case of James G. Blakely v. Robert Wards, adjudicated by the United States Court of Appeals for the Fourth...
Precedent Establishment in Employment Discrimination Class Actions: Scott et al. v. Family Dollar Stores, Inc.

Precedent Establishment in Employment Discrimination Class Actions: Scott et al. v. Family Dollar Stores, Inc.

Date: Oct 17, 2013
Precedent Establishment in Employment Discrimination Class Actions: Scott et al. v. Family Dollar Stores, Inc. Introduction The case of Scott et al. v. Family Dollar Stores, Inc. (733 F.3d 105) marks...
Equitable Tolling in Removal Proceedings: Fourth Circuit Affirms Strict Standards in S v. Kuusk

Equitable Tolling in Removal Proceedings: Fourth Circuit Affirms Strict Standards in S v. Kuusk

Date: Oct 17, 2013
Equitable Tolling in Removal Proceedings: Fourth Circuit Affirms Strict Standards in S v. Kuusk Introduction S v. Kuusk (732 F.3d 302) is a pivotal case decided by the United States Court of Appeals...
Fourth Circuit Sets New Standards for ACCA Violent Felony Enhancements Post-Descamps

Fourth Circuit Sets New Standards for ACCA Violent Felony Enhancements Post-Descamps

Date: Oct 2, 2013
Fourth Circuit Sets New Standards for ACCA Violent Felony Enhancements Post-Descamps Introduction In the case of United States of America v. Thomas Royal, the United States Court of Appeals for the...
Establishing Thresholds for Actual and Profit Damages in Copyright Infringement Cases

Establishing Thresholds for Actual and Profit Damages in Copyright Infringement Cases

Date: Sep 27, 2013
Establishing Thresholds for Actual and Profit Damages in Copyright Infringement Cases Introduction The case of Anthony Lawrence Dash v. Floyd Mayweather, Jr. adjudicated by the United States Court of...
4th Circuit Rules on Overbroad First Amendment Restrictions on Alcohol Advertisements in College Newspapers

4th Circuit Rules on Overbroad First Amendment Restrictions on Alcohol Advertisements in College Newspapers

Date: Sep 26, 2013
4th Circuit Rules on Overbroad First Amendment Restrictions on Alcohol Advertisements in College Newspapers Introduction In the case of Educational Media Company at Virginia Tech, Inc. v. Cavalier...
Clarifying the Elrod–Branti Doctrine: Political Disloyalty and First Amendment Rights in the Fourth Circuit

Clarifying the Elrod–Branti Doctrine: Political Disloyalty and First Amendment Rights in the Fourth Circuit

Date: Sep 24, 2013
Clarifying the Elrod–Branti Doctrine: Political Disloyalty and First Amendment Rights in the Fourth Circuit Disclaimer: This commentary is intended for informational purposes only and does not...
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