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  • Commentaries
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4th Circuit Case Commentaries

4th Circuit Affirms §1519 Conviction: Materiality Not an Element and Prosecutorial Language Approved

4th Circuit Affirms §1519 Conviction: Materiality Not an Element and Prosecutorial Language Approved

Date: May 17, 2012
4th Circuit Affirms §1519 Conviction: Materiality Not an Element and Prosecutorial Language Approved Introduction The case of UNITED STATES of America v. Richard W. Powell, Jr. revolves around...
Enhancing Antitrust Oversight in Real Estate MLS Operations: Insights from Robertson v. Sea Pines Real Estate Companies

Enhancing Antitrust Oversight in Real Estate MLS Operations: Insights from Robertson v. Sea Pines Real Estate Companies

Date: May 15, 2012
Enhancing Antitrust Oversight in Real Estate MLS Operations: Insights from Robertson v. Sea Pines Real Estate Companies Introduction Robertson v. Sea Pines Real Estate Companies is a landmark case...
Couch v. Jabe: Reinforcing the 'Least Restrictive Means' Standard under RLUIPA in Correctional Settings

Couch v. Jabe: Reinforcing the 'Least Restrictive Means' Standard under RLUIPA in Correctional Settings

Date: May 12, 2012
Couch v. Jabe: Reinforcing the 'Least Restrictive Means' Standard under RLUIPA in Correctional Settings Introduction The case of William R. Couch v. John M. Jabe et al. addresses critical issues at...
Greenbelt Ventures v. WMATA: Affirmation of Sovereign Immunity and the Primacy of Written Contracts in Real Estate Transactions

Greenbelt Ventures v. WMATA: Affirmation of Sovereign Immunity and the Primacy of Written Contracts in Real Estate Transactions

Date: May 12, 2012
Greenbelt Ventures v. WMATA: Affirmation of Sovereign Immunity and the Primacy of Written Contracts in Real Estate Transactions Introduction The case of Greenbelt Ventures, LLC v. Washington...
Enforcement of Rule 50(b) and Application of UDTPA in Trade Dress Infringement: Belk Inc. v. Meyer Corporation

Enforcement of Rule 50(b) and Application of UDTPA in Trade Dress Infringement: Belk Inc. v. Meyer Corporation

Date: May 10, 2012
Enforcement of Rule 50(b) and Application of UDTPA in Trade Dress Infringement Introduction The case of Belk, Incorporated; Belk International, Incorporated v. Meyer Corporation, U.S.; Meyer...
Materiality Requirement for FDCPA Claims in Foreclosure Robo-Signing Dismissed: U.S. District Court for the District of Maryland Decision

Materiality Requirement for FDCPA Claims in Foreclosure Robo-Signing Dismissed: U.S. District Court for the District of Maryland Decision

Date: May 9, 2012
Materiality Requirement for FDCPA Claims in Foreclosure Robo-Signing Dismissed: U.S. District Court for the District of Maryland Decision Introduction In the case of Marjorie Stewart, et al. v....
Enhanced Admissibility of Gang-Related Evidence under RICO and VICAR: Clarifications on Rule 404(b) and Confrontation Clause Compliance

Enhanced Admissibility of Gang-Related Evidence under RICO and VICAR: Clarifications on Rule 404(b) and Confrontation Clause Compliance

Date: May 1, 2012
Enhanced Admissibility of Gang-Related Evidence under RICO and VICAR: Clarifications on Rule 404(b) and Confrontation Clause Compliance Introduction In the landmark case United States of America v....
Affirmation of Denial of Qualified Immunity in Impersonation Case: Merchant v. Bauer

Affirmation of Denial of Qualified Immunity in Impersonation Case: Merchant v. Bauer

Date: Apr 27, 2012
Affirmation of Denial of Qualified Immunity in Impersonation Case: Merchant v. Bauer Introduction In the case of Rose C. Merchant, Doctor, Plaintiff–Appellee, v. Robert M. Bauer, Officer,...
Admissibility of Prior "Bad Act" Evidence: Insights from United States v. McBride

Admissibility of Prior "Bad Act" Evidence: Insights from United States v. McBride

Date: Apr 24, 2012
Admissibility of Prior "Bad Act" Evidence: Insights from United States v. McBride Introduction The case of United States of America v. Fredrick Lamar McBride, decided by the United States Court of...
Ensuring Competency in Guilty Pleas: Insights from United States v. Nicholson

Ensuring Competency in Guilty Pleas: Insights from United States v. Nicholson

Date: Apr 19, 2012
Ensuring Competency in Guilty Pleas: Insights from United States v. Nicholson Introduction United States v. Nicholson, 676 F.3d 376 (4th Cir. 2012), is a pivotal case addressing the procedural...
Reaffirming Standards for Rule 33 Motions in Prosecutorial Misconduct: United States v. Chong Lam

Reaffirming Standards for Rule 33 Motions in Prosecutorial Misconduct: United States v. Chong Lam

Date: Apr 17, 2012
Reaffirming Standards for Rule 33 Motions in Prosecutorial Misconduct: United States v. Chong Lam Introduction In the landmark case of United States v. Chong Lam, the United States Court of Appeals...
ROSETTA STONE LTD. v. GOOGLE INC.: Fourth Circuit Establishes Key Trademark Infringement Precedents in Digital Advertising

ROSETTA STONE LTD. v. GOOGLE INC.: Fourth Circuit Establishes Key Trademark Infringement Precedents in Digital Advertising

Date: Apr 10, 2012
ROSETTA STONE LTD. v. GOOGLE INC.: Fourth Circuit Establishes Key Trademark Infringement Precedents in Digital Advertising Introduction In the landmark case ROSETTA STONE LTD. v. GOOGLE INC., the...
Affirmation of Stalking Convictions and Consent Search Principles in United States v. Shrader

Affirmation of Stalking Convictions and Consent Search Principles in United States v. Shrader

Date: Apr 5, 2012
Affirmation of Stalking Convictions and Consent Search Principles in United States v. Shrader Introduction United States v. Thomas Creighton Shrader, 675 F.3d 300 (4th Cir. 2012), presents a...
Broadening the Definition of "Official Act" in Federal Bribery Statutes: Insights from United States v. Jefferson

Broadening the Definition of "Official Act" in Federal Bribery Statutes: Insights from United States v. Jefferson

Date: Mar 30, 2012
Broadening the Definition of "Official Act" in Federal Bribery Statutes: Insights from United States v. Jefferson Introduction United States of America v. William J. Jefferson, 674 F.3d 332 (4th Cir....
Enforceability of Comprehensive Liability Waivers in Contractual Agreements: The Mayfield v. NASCAR Decision

Enforceability of Comprehensive Liability Waivers in Contractual Agreements: The Mayfield v. NASCAR Decision

Date: Mar 27, 2012
Enforceability of Comprehensive Liability Waivers in Contractual Agreements: The Mayfield v. NASCAR Decision 1. Introduction The case of Jeremy A. Mayfield and Mayfield Motorsports, Incorporated v....
Limits on State Medicaid Liens for Medical Expenses in Lump-Sum Settlements: E.M.A. v. Cansler

Limits on State Medicaid Liens for Medical Expenses in Lump-Sum Settlements: E.M.A. v. Cansler

Date: Mar 23, 2012
Limits on State Medicaid Liens for Medical Expenses in Lump-Sum Settlements: E.M.A. v. Cansler Introduction The case of E.M.A., a minor, by and through her Guardian ad Litem, William W. Plyler;...
Affirmation of Below-Guidelines Sentencing and Sentencing Scope Limitations in Remand Cases: United States v. Alfredo Homes Susi

Affirmation of Below-Guidelines Sentencing and Sentencing Scope Limitations in Remand Cases: United States v. Alfredo Homes Susi

Date: Mar 22, 2012
Affirmation of Below-Guidelines Sentencing and Sentencing Scope Limitations in Remand Cases: United States v. Alfredo Homes Susi Introduction United States v. Alfredo Homes Susi is a pivotal case...
Discriminatory Denial of Severance Constitutes Adverse Employment Action under Title VII: Analysis of Gerner v. County of Chesterfield

Discriminatory Denial of Severance Constitutes Adverse Employment Action under Title VII: Analysis of Gerner v. County of Chesterfield

Date: Mar 17, 2012
Discriminatory Denial of Severance Constitutes Adverse Employment Action under Title VII: Analysis of Gerner v. County of Chesterfield Introduction The case of Karla Gerner v. County of Chesterfield,...
Enforcing International Arbitration in Maritime Employment Contracts: Insights from Aggarao v. MOL Ship Management

Enforcing International Arbitration in Maritime Employment Contracts: Insights from Aggarao v. MOL Ship Management

Date: Mar 17, 2012
Enforcing International Arbitration in Maritime Employment Contracts: Insights from Aggarao v. MOL Ship Management Introduction The case of Potenciano L. Aggarao, Jr. v. MOL Ship Management Company,...
Application of ADA's Reasonable Accommodation Standards in Police Investigations Under Exigent Circumstances: Seremeth v. Frederick County

Application of ADA's Reasonable Accommodation Standards in Police Investigations Under Exigent Circumstances: Seremeth v. Frederick County

Date: Mar 13, 2012
Application of ADA's Reasonable Accommodation Standards in Police Investigations Under Exigent Circumstances: Seremeth v. Frederick County Introduction The case of Robert Seremeth, Jr. v. Board of...
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