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  • Commentaries
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4th Circuit Case Commentaries

Boundaries of Qualified Immunity in Section 1983 Claims: An Analysis of Da v. Evans et al.

Boundaries of Qualified Immunity in Section 1983 Claims: An Analysis of Da v. Evans et al.

Date: Dec 18, 2012
Boundaries of Qualified Immunity in Section 1983 Claims: An Analysis of Da v. Evans et al. Introduction Da v. d F. Evans; Collin Finnerty; Reade Seligmann, et al. (703 F.3d 636), adjudicated by the...
Affirmation of Summary Judgment in Race Discrimination and Retaliation Claims

Affirmation of Summary Judgment in Race Discrimination and Retaliation Claims

Date: Dec 15, 2012
Affirmation of Summary Judgment in Race Discrimination and Retaliation Claims Introduction The case of Anthony D. Harris v. The Home Sales Company et al. pertains to allegations of racial...
Refining the Definition of 'Crime of Violence': Fourth Circuit Limits Sentencing Enhancements for Threat Offenses

Refining the Definition of 'Crime of Violence': Fourth Circuit Limits Sentencing Enhancements for Threat Offenses

Date: Dec 14, 2012
Refining the Definition of 'Crime of Violence': Fourth Circuit Limits Sentencing Enhancements for Threat Offenses Introduction In the case of United States of America v. Jesus Torres–Miguel, the...
Fourth Circuit Affirms 60-Month Sentence for Dogfighting Under Animal Welfare Act in Hargrove v. United States

Fourth Circuit Affirms 60-Month Sentence for Dogfighting Under Animal Welfare Act in Hargrove v. United States

Date: Dec 13, 2012
Fourth Circuit Affirms 60-Month Sentence for Dogfighting Under Animal Welfare Act in Hargrove v. United States Introduction In United States v. Hargrove, the United States Court of Appeals for the...
Fourth Circuit Establishes Employer Definition Under ADA: Reynolds v. American National Red Cross

Fourth Circuit Establishes Employer Definition Under ADA: Reynolds v. American National Red Cross

Date: Dec 8, 2012
Fourth Circuit Establishes Employer Definition Under ADA: Reynolds v. American National Red Cross Introduction In Benjamin Reynolds v. American National Red Cross, the United States Court of Appeals...
Transportation Money Laundering Under 18 U.S.C. § 1956(a)(2)(B)(i): Insights from United States v. Roger Charles Day, Jr.

Transportation Money Laundering Under 18 U.S.C. § 1956(a)(2)(B)(i): Insights from United States v. Roger Charles Day, Jr.

Date: Nov 30, 2012
Transportation Money Laundering Under 18 U.S.C. § 1956(a)(2)(B)(i): Insights from United States v. Roger Charles Day, Jr. Introduction In the landmark case of United States of America v. Roger...
Enforceability of Arbitration Agreements under the FAA and Waiver by Delay: Analysis of Rota–McLarty v. Santander Consumer USA

Enforceability of Arbitration Agreements under the FAA and Waiver by Delay: Analysis of Rota–McLarty v. Santander Consumer USA

Date: Nov 29, 2012
Enforceability of Arbitration Agreements under the FAA and Waiver by Delay: Analysis of Rota–McLarty v. Santander Consumer USA Introduction In the case of Antonia Rota–McLarty v. Santander Consumer...
Retrospective Consideration of Post-DLI Evidence and Weighting of VA Disability Ratings in SSA Disability Determinations: Bird v. SSA, Fourth Circuit, 2012

Retrospective Consideration of Post-DLI Evidence and Weighting of VA Disability Ratings in SSA Disability Determinations: Bird v. SSA, Fourth Circuit, 2012

Date: Nov 10, 2012
Retrospective Consideration of Post-DLI Evidence and Weighting of VA Disability Ratings in SSA Disability Determinations: Bird v. SSA, Fourth Circuit, 2012 Introduction In the landmark case Earl...
90-Day Filing Requirement in Civil Forfeiture Not Jurisdictional: Insights from Wilson v. United States

90-Day Filing Requirement in Civil Forfeiture Not Jurisdictional: Insights from Wilson v. United States

Date: Nov 9, 2012
90-Day Filing Requirement in Civil Forfeiture Not Jurisdictional: Insights from Wilson v. United States Introduction United States of America v. Donald Jamal Wilson, 699 F.3d 789 (4th Cir. 2012), is...
Application of the Economic Loss Rule in Product Liability: Ellis v. Louisiana–Pacific Corp.

Application of the Economic Loss Rule in Product Liability: Ellis v. Louisiana–Pacific Corp.

Date: Nov 3, 2012
Application of the Economic Loss Rule in Product Liability: Ellis v. Louisiana–Pacific Corp. Introduction Ellis v. Louisiana–Pacific Corp. is a pivotal case adjudicated by the United States Court of...
Limits of Nunc pro Tunc in Extending Statute of Limitations: GLYNNE v. WILMED HEALTHCARE

Limits of Nunc pro Tunc in Extending Statute of Limitations: GLYNNE v. WILMED HEALTHCARE

Date: Oct 19, 2012
Limits of Nunc pro Tunc in Extending Statute of Limitations: GLYNNE v. WILMED HEALTHCARE Introduction Rose L. Glynne, Md, a board-certified obstetrician/gynecologist, filed a lawsuit against Wilmed...
Reaffirming the Standards for Civil Commitment of Sexually Dangerous Persons: Insights from United States v. Wooden

Reaffirming the Standards for Civil Commitment of Sexually Dangerous Persons: Insights from United States v. Wooden

Date: Sep 7, 2012
Reaffirming the Standards for Civil Commitment of Sexually Dangerous Persons: Insights from United States v. Wooden Introduction In the landmark case of United States v. Wooden, the United States...
Clarifying Cross-Reference Applicability in Sentencing Guidelines: Horton v. United States

Clarifying Cross-Reference Applicability in Sentencing Guidelines: Horton v. United States

Date: Aug 31, 2012
Clarifying Cross-Reference Applicability in Sentencing Guidelines: Horton v. United States Introduction United States of America v. Timothy Tyrone Horton, 693 F.3d 463 (4th Cir. 2012), is a pivotal...
Affirmation Upholds Strict Twombly/Iqbal Pleading Standards in §1983 Police Misconduct Case

Affirmation Upholds Strict Twombly/Iqbal Pleading Standards in §1983 Police Misconduct Case

Date: Aug 25, 2012
Affirmation Upholds Strict Twombly/Iqbal Pleading Standards in §1983 Police Misconduct Case Introduction The case of John Cook, III, et al. v. Raymond A. Howard, et al. presents a significant...
Procedural Nature of Carachuri–Rosendo v. Holder and Its Impact on Retroactivity under 28 U.S.C. §2255

Procedural Nature of Carachuri–Rosendo v. Holder and Its Impact on Retroactivity under 28 U.S.C. §2255

Date: Aug 21, 2012
Procedural Nature of Carachuri–Rosendo v. Holder and Its Impact on Retroactivity under 28 U.S.C. §2255 Introduction The case of United States of America v. Troy Naman Powell (691 F.3d 554)...
Plain View Doctrine and DNA Profiling: Implications of United States v. Davis in Fourth Amendment Jurisprudence

Plain View Doctrine and DNA Profiling: Implications of United States v. Davis in Fourth Amendment Jurisprudence

Date: Aug 17, 2012
Plain View Doctrine and DNA Profiling: Implications of United States v. Davis in Fourth Amendment Jurisprudence Introduction United States v. Earl Whittley Davis is a pivotal case adjudicated by the...
Custodial Implications of Sex Offender Registration: Wilson v. Flaherty Decision Analysis

Custodial Implications of Sex Offender Registration: Wilson v. Flaherty Decision Analysis

Date: Aug 16, 2012
Custodial Implications of Sex Offender Registration: Wilson v. Flaherty Decision Analysis Introduction In the landmark case Wilson v. Flaherty (689 F.3d 332, 4th Cir. 2012), the United States Court...
Fourth Circuit Sets Precedents on Anonymous Juries and Forfeiture-by-Wrongdoing in Organized Crime Cases

Fourth Circuit Sets Precedents on Anonymous Juries and Forfeiture-by-Wrongdoing in Organized Crime Cases

Date: Aug 15, 2012
Fourth Circuit Sets Precedents on Anonymous Juries and Forfeiture-by-Wrongdoing in Organized Crime Cases Introduction In the landmark case of UNITED STATES of America v. James Dinkins, a/k/a Miami...
Clarifying the Modified Categorical Approach: Indivisible Statutes and 'Crime of Violence' Determinations in Sentencing Enhancements

Clarifying the Modified Categorical Approach: Indivisible Statutes and 'Crime of Violence' Determinations in Sentencing Enhancements

Date: Aug 11, 2012
Fourth Circuit Restricts Modified Categorical Approach to Divisible Statutes in 'Crime of Violence' Enhancements Introduction In the case of United States of America v. Mirna Del Carmen Gomez, the...
Affirmation of Qualified Immunity in Fourth Circuit: The Durham v. Horner Decision

Affirmation of Qualified Immunity in Fourth Circuit: The Durham v. Horner Decision

Date: Aug 9, 2012
Affirmation of Qualified Immunity in Fourth Circuit: The Durham v. Horner Decision Introduction In Durham v. Horner, 690 F.3d 183 (4th Cir. 2012), the United States Court of Appeals for the Fourth...
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