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  • Commentaries
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4th Circuit Case Commentaries

Ceres Marine Terminals Inc. v. Robert Green: Reinforcing the Burden of Proof in LHWCA Claims

Ceres Marine Terminals Inc. v. Robert Green: Reinforcing the Burden of Proof in LHWCA Claims

Date: Sep 7, 2011
Ceres Marine Terminals Inc. v. Robert Green: Reinforcing the Burden of Proof in LHWCA Claims Introduction In the case of Ceres Marine Terminals, Inc. v. Robert Green, decided by the United States...
Fourth Circuit Affirms Dismissal in ASWAN v. Commonwealth of Virginia: Emphasis on Statute of Limitations and Specificity in Conspiracy Claims

Fourth Circuit Affirms Dismissal in ASWAN v. Commonwealth of Virginia: Emphasis on Statute of Limitations and Specificity in Conspiracy Claims

Date: Aug 25, 2011
Fourth Circuit Affirms Dismissal in ASWAN v. Commonwealth of Virginia: Emphasis on Statute of Limitations and Specificity in Conspiracy Claims Introduction In the case of A Society Without a Name,...
Affirmation of Denial of Preliminary Injunction in Retiree Healthcare Benefits Case

Affirmation of Denial of Preliminary Injunction in Retiree Healthcare Benefits Case

Date: Aug 23, 2011
Affirmation of Denial of Preliminary Injunction in Retiree Healthcare Benefits Case Introduction The case of Harold Dewhurst and David Bryan v. Century Aluminum Company (649 F.3d 287) presents a...
Federal Sentencing Enhancements and Prior State Convictions: Insights from United States v. Simmons

Federal Sentencing Enhancements and Prior State Convictions: Insights from United States v. Simmons

Date: Aug 18, 2011
Federal Sentencing Enhancements and Prior State Convictions: Insights from United States v. Simmons Introduction In the case of United States of America v. Jason Edward Simmons, adjudicated by the...
Refusal to Consent Does Not Constitute Reasonable Suspicion: United States v. Massenburg

Refusal to Consent Does Not Constitute Reasonable Suspicion: United States v. Massenburg

Date: Aug 16, 2011
Refusal to Consent Does Not Constitute Reasonable Suspicion: United States v. Massenburg (4th Cir. 2011) Introduction United States v. Tyerail D. Massenburg is a pivotal case adjudicated by the...
Affirmation of Disability Determination Standards in Social Security Appeals

Affirmation of Disability Determination Standards in Social Security Appeals

Date: Aug 11, 2011
Affirmation of Disability Determination Standards in Social Security Appeals Introduction The case of Betty B. Thompson v. Michael J. Astrue adjudicated by the United States Court of Appeals for the...
Fourth Circuit Vacates Summary Judgment in Okoli v. City of Baltimore: Establishing Enhanced Standards for Hostile Work Environment Claims

Fourth Circuit Vacates Summary Judgment in Okoli v. City of Baltimore: Establishing Enhanced Standards for Hostile Work Environment Claims

Date: Aug 9, 2011
Fourth Circuit Vacates Summary Judgment in Okoli v. City of Baltimore: Establishing Enhanced Standards for Hostile Work Environment Claims Introduction In the landmark case of Katrina Okoli v. City...
Qualified Immunity in Correctional Facility Searches: Braun v. Maynard Establishes New Precedent

Qualified Immunity in Correctional Facility Searches: Braun v. Maynard Establishes New Precedent

Date: Jul 22, 2011
Qualified Immunity in Correctional Facility Searches: Braun v. Maynard Establishes New Precedent Introduction Braun et al. v. Maynard et al. is a landmark case adjudicated by the United States Court...
Objective Reasonableness in Mistaken Use of Force: Fourth Circuit Reverses Qualified Immunity in HENRY v. PURNELL

Objective Reasonableness in Mistaken Use of Force: Fourth Circuit Reverses Qualified Immunity in HENRY v. PURNELL

Date: Jul 15, 2011
Objective Reasonableness in Mistaken Use of Force: Fourth Circuit Reverses Qualified Immunity in HENRY v. PURNELL Introduction In the case of Frederick P. Henry v. Robert Purnell, decided by the...
Strict Application of Rule 60(b)(6) in Military Jurisdiction Exhaustion: A Comprehensive Analysis of AIKENS v. INGRAM

Strict Application of Rule 60(b)(6) in Military Jurisdiction Exhaustion: A Comprehensive Analysis of AIKENS v. INGRAM

Date: Jul 14, 2011
Strict Application of Rule 60(b)(6) in Military Jurisdiction Exhaustion: A Comprehensive Analysis of AIKENS v. INGRAM Case: Frederick Aikens v. William E. Ingram, Jr., et al. Court: United States...
Fourth Circuit Overrules Davis on Ballot Petition Residency Requirements

Fourth Circuit Overrules Davis on Ballot Petition Residency Requirements

Date: Jul 7, 2011
Fourth Circuit Overrules Davis on Ballot Petition Residency Requirements Introduction The case of Herb Lux et al. v. Charles E. Judd et al. represents a significant legal challenge to Virginia's...
Chesapeake Bay Foundation v. Severstal Sparrows Point: Defining the Boundaries of RCRA and CWA Citizen Suits

Chesapeake Bay Foundation v. Severstal Sparrows Point: Defining the Boundaries of RCRA and CWA Citizen Suits

Date: Jul 6, 2011
Chesapeake Bay Foundation v. Severstal Sparrows Point: Defining the Boundaries of RCRA and CWA Citizen Suits Introduction The case of Chesapeake Bay Foundation, Inc., et al. v. Severstal Sparrows...
Rule 35(b) Authority Clarified: United States v. Clawson, Sr.

Rule 35(b) Authority Clarified: United States v. Clawson, Sr.

Date: Jul 1, 2011
Rule 35(b) Authority Clarified: United States v. Clawson, Sr. Introduction In the case of United States of America v. James B. Clawson, Sr., 650 F.3d 530 (4th Cir. 2011), the United States Court of...
Perez v. Mountaire Farms: Establishing FLSA Precedent on Compensable Time for Protective Gear

Perez v. Mountaire Farms: Establishing FLSA Precedent on Compensable Time for Protective Gear

Date: Jun 8, 2011
Perez v. Mountaire Farms: Establishing FLSA Precedent on Compensable Time for Protective Gear Introduction Perez v. Mountaire Farms, Inc. is a landmark case decided by the United States Court of...
No-Knock Warrants and Reasonableness: Analyzing NOEL v. ARTSON

No-Knock Warrants and Reasonableness: Analyzing NOEL v. ARTSON

Date: Jun 3, 2011
No-Knock Warrants and Reasonableness: Analyzing NOEL v. ARTSON Introduction NOEL v. ARTSON is a significant case adjudicated by the United States Court of Appeals for the Fourth Circuit on June 2,...
Fourth Circuit Clarifies Standards for Jury Polling and Rule 404(b) Evidence in Drug and Firearm Possession Cases

Fourth Circuit Clarifies Standards for Jury Polling and Rule 404(b) Evidence in Drug and Firearm Possession Cases

Date: Jun 3, 2011
Fourth Circuit Clarifies Standards for Jury Polling and Rule 404(b) Evidence in Drug and Firearm Possession Cases Introduction In United States of America v. Eugene Shaner Penniegraft, 641 F.3d 566...
Judicial Commentary on KENSINGTON VOLUNTEER FIRE DEPARTMENT, INC. v. MONTGOMERY COUNTY: Upholding Legislative Immunity in Budgetary Decisions

Judicial Commentary on KENSINGTON VOLUNTEER FIRE DEPARTMENT, INC. v. MONTGOMERY COUNTY: Upholding Legislative Immunity in Budgetary Decisions

Date: Jun 1, 2011
Judicial Commentary on KENSINGTON VOLUNTEER FIRE DEPARTMENT, INC. v. MONTGOMERY COUNTY: Upholding Legislative Immunity in Budgetary Decisions Introduction The case of Kensington Volunteer Fire...
Strict Interpretation of Citizenship Clauses and Upholding DHS's Removal Authority in Da v. Johnson

Strict Interpretation of Citizenship Clauses and Upholding DHS's Removal Authority in Da v. Johnson

Date: May 25, 2011
Strict Interpretation of Citizenship Clauses and Upholding DHS's Removal Authority in Da v. Johnson Introduction In the landmark case of Da v. Johnson, decided by the United States Court of Appeals...
Limits of the Good Faith Exception in Fourth Circuit: United States v. Doyle

Limits of the Good Faith Exception in Fourth Circuit: United States v. Doyle

Date: May 24, 2011
Limits of the Good Faith Exception in Fourth Circuit: United States v. Doyle Introduction In the case of United States of America v. Robert Franklin Doyle, Jr., adjudicated by the United States Court...
Enhancing the Enforceability of Negotiable Instruments: Insights from Horvath v. Bank of New York

Enhancing the Enforceability of Negotiable Instruments: Insights from Horvath v. Bank of New York

Date: May 20, 2011
Enhancing the Enforceability of Negotiable Instruments: Insights from Horvath v. Bank of New York Introduction In the appellate case John A. Horvath v. Bank of New York, N.A., decided on May 19,...
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