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  • Commentaries
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4th Circuit Case Commentaries

Conflict of Interest in Effective Assistance of Counsel: Defining Standards for Adverse Impact

Conflict of Interest in Effective Assistance of Counsel: Defining Standards for Adverse Impact

Date: Jul 13, 2010
Conflict of Interest in Effective Assistance of Counsel: Defining Standards for Adverse Impact Introduction The case of UNITED STATES of America v. Jack Lavelton Nicholson (611 F.3d 191) serves as a...
Affirmation of Strict Similarity Standards in Title VII Failure to Promote Claims: Haywood Group v. Locke

Affirmation of Strict Similarity Standards in Title VII Failure to Promote Claims: Haywood Group v. Locke

Date: Jul 7, 2010
Affirmation of Strict Similarity Standards in Title VII Failure to Promote Claims: Haywood Group v. Locke Introduction The case of Cherrie Haywood et al. v. Gary Locke, Secretary, United States...
Effective Counsel and Informant Instructions: A Comprehensive Analysis of United States v. Carlton N. Luck

Effective Counsel and Informant Instructions: A Comprehensive Analysis of United States v. Carlton N. Luck

Date: Jul 3, 2010
Effective Counsel and Informant Instructions: A Comprehensive Analysis of United States v. Carlton N. Luck Introduction The case of United States v. Carlton N. Luck (611 F.3d 183, 4th Cir. 2010)...
Arbitration Finality and Judicial Review in Contract Disputes: Insights from MCI Constructors, LLC v. City of Greensboro

Arbitration Finality and Judicial Review in Contract Disputes: Insights from MCI Constructors, LLC v. City of Greensboro

Date: Jul 2, 2010
Arbitration Finality and Judicial Review in Contract Disputes: Insights from MCI Constructors, LLC v. City of Greensboro Introduction The case of MCI Constructors, LLC v. City of Greensboro,...
Fourth Circuit Establishes Precedent on Class Action Certification under FACTA in Stillmock v. Weis Markets, Inc.

Fourth Circuit Establishes Precedent on Class Action Certification under FACTA in Stillmock v. Weis Markets, Inc.

Date: Jul 2, 2010
Fourth Circuit Establishes Precedent on Class Action Certification under FACTA in Stillmock v. Weis Markets, Inc. Introduction The case of Patrick Stillmock et al. v. Weis Markets, Inc. adjudicated...
Fourth Circuit Affirms Abuse of Discretion in ERISA Disability Benefits Termination Amid Plan Administrator's Conflict of Interest

Fourth Circuit Affirms Abuse of Discretion in ERISA Disability Benefits Termination Amid Plan Administrator's Conflict of Interest

Date: Jul 1, 2010
Fourth Circuit Affirms Abuse of Discretion in ERISA Disability Benefits Termination Amid Plan Administrator's Conflict of Interest Introduction In Williams v. Metropolitan Life Insurance Company, 609...
Affirming Ancillary Jurisdiction for Receivers Under Common Law Despite 28 U.S.C. § 1367: Robb Evans Associates v. Holibaugh

Affirming Ancillary Jurisdiction for Receivers Under Common Law Despite 28 U.S.C. § 1367: Robb Evans Associates v. Holibaugh

Date: Jun 30, 2010
Affirming Ancillary Jurisdiction for Receivers Under Common Law Despite 28 U.S.C. § 1367: Robb Evans Associates v. Holibaugh Introduction In the case of Robb Evans Associates, LLC as Receiver over...
Fourth Circuit Establishes Sentencing Judges' Authority to Assess Drug Quantities Beyond Jury Findings in United States v. Young

Fourth Circuit Establishes Sentencing Judges' Authority to Assess Drug Quantities Beyond Jury Findings in United States v. Young

Date: Jun 29, 2010
Fourth Circuit Establishes Sentencing Judges' Authority to Assess Drug Quantities Beyond Jury Findings in United States v. Young Introduction In the case of United States of America v. Darnell...
Establishing Hostile Work Environment Standards: EEOC v. Fairbrook Medical Clinic

Establishing Hostile Work Environment Standards: EEOC v. Fairbrook Medical Clinic

Date: Jun 19, 2010
Establishing Hostile Work Environment Standards: EEOC v. Fairbrook Medical Clinic Introduction The case Equal Employment Opportunity Commission (EEOC) v. Fairbrook Medical Clinic, P.A. (609 F.3d 320)...
Preemption of Local Ordinances under the Interstate Commerce Commission Termination Act: Norfolk Southern Railway Co. v. City of Alexandria

Preemption of Local Ordinances under the Interstate Commerce Commission Termination Act: Norfolk Southern Railway Co. v. City of Alexandria

Date: Jun 17, 2010
Preemption of Local Ordinances under the Interstate Commerce Commission Termination Act: Norfolk Southern Railway Co. v. City of Alexandria Introduction Norfolk Southern Railway Company v. City of...
Defining Government Agency in Private ISP Surveillance: United States v. Richardson

Defining Government Agency in Private ISP Surveillance: United States v. Richardson

Date: Jun 12, 2010
Defining Government Agency in Private ISP Surveillance: United States v. Richardson Introduction The case of United States of America v. Thomas McCoy Richardson, Jr. (607 F.3d 357, 4th Cir. 2010)...
Depravity of Mind Aggravator Upheld in Lewis v. Wheeler

Depravity of Mind Aggravator Upheld in Lewis v. Wheeler

Date: Jun 5, 2010
Depravity of Mind Aggravator Upheld in Lewis v. Wheeler Introduction In the landmark case of Teresa Wilson LEWIS v. Barbara J. WHEELER, adjudicated by the United States Court of Appeals for the...
Obstacle to Exhaustion: HILL v. HAYNES and the Mandate on Administrative Remedies under the PLRA

Obstacle to Exhaustion: HILL v. HAYNES and the Mandate on Administrative Remedies under the PLRA

Date: Jun 3, 2010
Obstacle to Exhaustion: HILL v. HAYNES and the Mandate on Administrative Remedies under the PLRA Introduction Demetrius Hill v. Warden Haynes et al. is a pivotal case adjudicated by the United States...
Retaliation Against Informants: Upholding Convictions in United States v. Van Cleve Ashley

Retaliation Against Informants: Upholding Convictions in United States v. Van Cleve Ashley

Date: Jun 2, 2010
Retaliation Against Informants: Upholding Convictions in United States v. Van Cleve Ashley Introduction In the landmark case of United States v. Van Cleve Ashley, the United States Court of Appeals...
Abuse of Discretion in Reduction of Contingency Fees: In re Abrams Abrams, P.A. Case Commentary

Abuse of Discretion in Reduction of Contingency Fees: In re Abrams Abrams, P.A. Case Commentary

Date: May 19, 2010
Abuse of Discretion in Reduction of Contingency Fees: In re Abrams Abrams, P.A. Case Commentary Introduction The case In re Abrams Abrams, P.A.; St. Martin, Williams And Bourque, Appellants addresses...
Rule 34 Compliance: The Invalidity of Boilerplate Objections in Discovery Responses

Rule 34 Compliance: The Invalidity of Boilerplate Objections in Discovery Responses

Date: May 13, 2010
Rule 34 Compliance: The Invalidity of Boilerplate Objections in Discovery Responses Introduction In the case of Kinetic Concepts, Inc. v. ConvaTec Inc., decided on May 12, 2010, by the United States...
Clarifying Sentencing Guidelines: Application of Perjury vs. Fraud in Bankruptcy Proceedings

Clarifying Sentencing Guidelines: Application of Perjury vs. Fraud in Bankruptcy Proceedings

Date: May 12, 2010
Clarifying Sentencing Guidelines: Application of Perjury vs. Fraud in Bankruptcy Proceedings Introduction The case of UNITED STATES of America v. Amanda Boulware, reported in 604 F.3d 832, presents...
Affirmation of Administrative Subpoenas under Fourth Amendment in Child Pornography Enforcement

Affirmation of Administrative Subpoenas under Fourth Amendment in Child Pornography Enforcement

Date: May 6, 2010
Affirmation of Administrative Subpoenas under Fourth Amendment in Child Pornography Enforcement Introduction The case of United States of America v. Marques Drakeford Bynum, decided by the United...
Affirmation of Federal Jurisdiction Under CAFA: Moffitt v. Residential Funding Company

Affirmation of Federal Jurisdiction Under CAFA: Moffitt v. Residential Funding Company

Date: May 4, 2010
Affirmation of Federal Jurisdiction Under CAFA: Moffitt v. Residential Funding Company Introduction The case of Judith J. Moffitt, Plaintiff-Appellant, v. Residential Funding Company, LLC; JP Morgan...
Relation Back Doctrine under Rule 15(c) in Civil Rights Litigation: Robinson v. Clipse

Relation Back Doctrine under Rule 15(c) in Civil Rights Litigation: Robinson v. Clipse

Date: Apr 29, 2010
Relation Back Doctrine under Rule 15(c) in Civil Rights Litigation: Robinson v. Clipse Introduction Robinson v. Clipse is a pivotal case decided by the United States Court of Appeals for the Fourth...
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