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United States Fourth Circuit - January 2003 Opinion Summaries

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Description Date Docket #
BD. OF TRUSTEES OF THE SHEET METAL WORKERS' NAT'L PENSION FUND v. COMM'R OF INTERNAL REVENUE
United States Fourth Circuit
ERISA, Labor & Employment Law 
The elimination of a "cost-of living" adjustment (COLA), for certain employees, from an ERISA plan did not violate the "anti-cutback" rule of 26... 		01/31/2003 02-1273
COUNTS v. S. CAROLINA ELEC. & GAS CO.
United States Fourth Circuit
Labor & Employment Law 
Plaintiffs' status as exempt administrative employees under the Fair Labor Standards Act does not change merely because they perform some non-exempt... 		01/31/2003 02-1131
KENTUCKIANS FOR THE COMMONWEALTH, INC. v. RIVENBURGH
United States Fourth Circuit
Environmental Law, Oil and Gas Law, Public Utilities 
The U.S. Army Corps of Engineers is not prevented under the Clean Water Act (CWA) from issuing permits for valley fills in connection with mountaintop... 		01/30/2003 02-1736/7
JUDICIAL WATCH, INC. v. ROSSOTTI
United States Fourth Circuit
Government Law, Remedies, Tax Law 
The Anti-Injunction Act bars requested injunctive relief against the IRS for a purportedly retaliatory tax audit, and no recognized exception to the... 		01/24/2003 02-1413
BOND v. BLUM
United States Fourth Circuit
Attorney's Fees, Copyright, Evidence, Intellectual Property 
Defendant's use of a manuscript as evidence in a state court proceeding fell within the scope of fair use authorized by section 107 of the Copyright... 		01/24/2003 02-1139/1219/1231/1288
LYONS v. LEE
United States Fourth Circuit
Criminal Law & Procedure, Habeas Corpus 
Petitioner was not "in custody" for a common law robbery conviction at the time he filed his habeas petition, and a petitioner may not challenge an... 		01/21/2003 02-13/14
IN RE: AM. HONDA MOTOR CO.
United States Fourth Circuit
Attorney's Fees, Civil Procedure, Dispute Resolution & Arbitration, Legal Malpractice, Remedies 
Invocation of the All Writs Act to enjoin multi-district litigation (MDL) parties from enforcing a "blue sky damages" portion of an arbitration award... 		01/17/2003 01-2194
US v. MACKINS
United States Fourth Circuit
Criminal Law & Procedure, Sentencing 
After a drug quantity Apprendi error, a life sentence is vacated and remanded for imposition of a 90-year sentence. Indictments did not present the... 		01/17/2003 99-4786/4845/4846, 01-4763/4
US v. WILSON
United States Fourth Circuit
Criminal Law & Procedure, Sentencing, Immigration Law 
An alien's collateral attack on a deportation order fails where, even assuming a due process violation occurred, no prejudice was shown. Simple... 		01/16/2003 02-4202
ROSSIGNOL v. VOORHAAR
United States Fourth Circuit
Civil Rights, Constitutional Law, Government Law, Media Law 
Off-duty law enforcement officers' organized efforts to impede distribution of a publication in order to suppress political criticism were perpetrated... 		01/16/2003 02-1326

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