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  • Commentaries
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4th Circuit Case Commentaries

Fourth Circuit Clarifies Geographic Market Definition in Sherman Act Section 2 Cases

Fourth Circuit Clarifies Geographic Market Definition in Sherman Act Section 2 Cases

Date: Mar 12, 2011
Fourth Circuit Clarifies Geographic Market Definition in Sherman Act Section 2 Cases Introduction The case of E.I. Du Pont de Nemours and Company v. Kolon Industries, Incorporated (637 F.3d 435)...
Reaffirming the Limits of Section 1983: Contracts Clause Claims in CROSBY v. CITY OF GASTONIA

Reaffirming the Limits of Section 1983: Contracts Clause Claims in CROSBY v. CITY OF GASTONIA

Date: Mar 11, 2011
Reaffirming the Limits of Section 1983: Contracts Clause Claims in CROSBY v. CITY OF GASTONIA Introduction CROSBY v. CITY OF GASTONIA, 635 F.3d 634 (4th Cir. 2011), is a pivotal case that explores...
Equity in Athletics, Inc. v. Department of Education: Affirmation of the Three-Part Test under Title IX

Equity in Athletics, Inc. v. Department of Education: Affirmation of the Three-Part Test under Title IX

Date: Mar 9, 2011
Equity in Athletics, Inc. v. Department of Education: Affirmation of the Three-Part Test under Title IX Introduction The case Equity in Athletics, Inc. v. Department of Education, decided by the...
Fourth Circuit Upholds 'Basis in Fact' Requirement in Denying Conscientious Objector Status: Ste v. Lang Kanai

Fourth Circuit Upholds 'Basis in Fact' Requirement in Denying Conscientious Objector Status: Ste v. Lang Kanai

Date: Mar 5, 2011
Fourth Circuit Upholds 'Basis in Fact' Requirement in Denying Conscientious Objector Status: Ste v. Lang Kanai Introduction In Ste v. Lang Kanai, the United States Court of Appeals for the Fourth...
Enhanced Standards for Reasonable Suspicion in Investigative Stops

Enhanced Standards for Reasonable Suspicion in Investigative Stops

Date: Mar 3, 2011
Enhanced Standards for Reasonable Suspicion in Investigative Stops Introduction In the case of United States of America v. David DeShawn Foster (634 F.3d 243), the United States Court of Appeals for...
Exhaustion of Administrative Remedies in §1983 Actions: Analysis of Graham v. Gentry

Exhaustion of Administrative Remedies in §1983 Actions: Analysis of Graham v. Gentry

Date: Feb 19, 2011
Exhaustion of Administrative Remedies in §1983 Actions: Analysis of Graham v. Gentry Introduction In the case of William L. Graham v. Sheriff E.S. Gentry et al., decided by the United States Court of...
Application of Shepard v. United States in Sentencing Enhancements: Insights from US v. Savillon-Matute

Application of Shepard v. United States in Sentencing Enhancements: Insights from US v. Savillon-Matute

Date: Feb 19, 2011
Application of Shepard v. United States in Sentencing Enhancements: Insights from US v. Savillon-Matute Introduction United States of America v. Jose Adan Savillon-Matute, 636 F.3d 119 (4th Cir....
Overbreadth Doctrine Applied to Alcoholic Beverage Regulations: A Comprehensive Analysis of Legend Night Club v. Maryland

Overbreadth Doctrine Applied to Alcoholic Beverage Regulations: A Comprehensive Analysis of Legend Night Club v. Maryland

Date: Feb 18, 2011
Overbreadth Doctrine Applied to Alcoholic Beverage Regulations: A Comprehensive Analysis of Legend Night Club v. Maryland Introduction The case of Legend Night Club, Plaintiff-Appellee, and...
Fourth Circuit Establishes Family Ties as a Particular Social Group for Asylum Purposes

Fourth Circuit Establishes Family Ties as a Particular Social Group for Asylum Purposes

Date: Feb 17, 2011
Fourth Circuit Establishes Family Ties as a Particular Social Group for Asylum Purposes Introduction The case of Orlando Crespin-Valladares et al. v. Eric H. Holder, Jr. adjudicated by the United...
Tolbert v. Stevenson: Clarifying the Scope of the "Three Strikes" Rule under the PLRA

Tolbert v. Stevenson: Clarifying the Scope of the "Three Strikes" Rule under the PLRA

Date: Feb 15, 2011
Tolbert v. Stevenson: Clarifying the Scope of the "Three Strikes" Rule under the PLRA Introduction Tolbert v. Stevenson is a pivotal case adjudicated by the United States Court of Appeals for the...
Automatic Divestiture of District Court Jurisdiction upon Arbitrability Appeals: Levin v. Alms

Automatic Divestiture of District Court Jurisdiction upon Arbitrability Appeals: Levin v. Alms

Date: Feb 11, 2011
Automatic Divestiture of District Court Jurisdiction upon Arbitrability Appeals: Levin v. Alms Introduction The case of Eric M. Levin v. Alms and Associates, Incorporated; Steven P. Alms marks a...
Fourth Circuit Upholds § 641 Theft Conviction: No Requirement for Knowledge of Government Property Ownership and Validates Voir Dire Process

Fourth Circuit Upholds § 641 Theft Conviction: No Requirement for Knowledge of Government Property Ownership and Validates Voir Dire Process

Date: Feb 10, 2011
Fourth Circuit Upholds § 641 Theft Conviction: No Requirement for Knowledge of Government Property Ownership and Validates Voir Dire Process Introduction In UNITED STATES of America v. Robert...
Qualified Immunity and Genuine Disputes of Fact: Insights from Ste v. N. S. Witt

Qualified Immunity and Genuine Disputes of Fact: Insights from Ste v. N. S. Witt

Date: Feb 5, 2011
Qualified Immunity and Genuine Disputes of Fact: Insights from Ste v. N. S. Witt Introduction Ste v. N. S. Witt, 633 F.3d 272 (4th Cir. 2011), is a pivotal case that delves into the intricacies of...
Reaffirming the Franks Standard and Limitations on Evidence Suppression: United States v. Clenney

Reaffirming the Franks Standard and Limitations on Evidence Suppression: United States v. Clenney

Date: Feb 4, 2011
Reaffirming the Franks Standard and Limitations on Evidence Suppression: United States v. Clenney Introduction United States of America v. David Thomas Clenney, 631 F.3d 658 (4th Cir. 2011), is a...
Fourth Circuit Establishes McKinney Intermediate Rule for Notice of Removal in Multi-Defendant Cases

Fourth Circuit Establishes McKinney Intermediate Rule for Notice of Removal in Multi-Defendant Cases

Date: Jan 28, 2011
Fourth Circuit Establishes McKinney Intermediate Rule for Notice of Removal in Multi-Defendant Cases Introduction In the landmark case of Shirley M. Barbour et al. v. International Union, United...
Judicial Clarification on Leadership Role Enhancements in Drug Trafficking Cases: United States v. Slade

Judicial Clarification on Leadership Role Enhancements in Drug Trafficking Cases: United States v. Slade

Date: Jan 28, 2011
Judicial Clarification on Leadership Role Enhancements in Drug Trafficking Cases: United States v. Slade Introduction In United States of America v. Kevin Myell Slade, 631 F.3d 185 (4th Cir. 2011),...
DuPerry v. Life Insurance Co.: Establishing Standards for Subjective Disability Claims under ERISA

DuPerry v. Life Insurance Co.: Establishing Standards for Subjective Disability Claims under ERISA

Date: Jan 25, 2011
DuPerry v. Life Insurance Co.: Establishing Standards for Subjective Disability Claims under ERISA Introduction Rebecca DuPerry brought a legal action against the Life Insurance Company of North...
Affirming Sentencing Discretion: The Role of Departures and Variances under § 3553(a) in United States v. Roberto Diosdado-Star

Affirming Sentencing Discretion: The Role of Departures and Variances under § 3553(a) in United States v. Roberto Diosdado-Star

Date: Jan 25, 2011
Affirming Sentencing Discretion: The Role of Departures and Variances under § 3553(a) in United States v. Roberto Diosdado-Star Introduction United States of America v. Roberto Diosdado-Star, 630...
Fourth Circuit Clarifies Mootness Standards in FLSA Collective Actions

Fourth Circuit Clarifies Mootness Standards in FLSA Collective Actions

Date: Jan 22, 2011
Fourth Circuit Clarifies Mootness Standards in FLSA Collective Actions Introduction In the landmark case of Ma'lissa Simmons et al. v. United Mortgage and Loan Investment, LLC et al., 634 F.3d 754...
Affirmation of Willfulness in Tax Fraud: Insights from United States v. Henry Cole

Affirmation of Willfulness in Tax Fraud: Insights from United States v. Henry Cole

Date: Jan 22, 2011
Affirmation of Willfulness in Tax Fraud: Insights from United States v. Henry Cole Introduction United States of America v. Henry Cole is a pivotal case adjudicated by the United States Court of...
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