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United States Fourth Circuit - November 2005 Opinion Summaries

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Description Date Docket #
Chacko v. Patuxent Inst.
United States Fourth Circuit
Administrative Law, Civil Rights, Indian Law, Labor & Employment Law 
A plaintiff in a Title VII employment discrimination suit fails to exhaust his administrative remedies where his administrative charges reference... 		11/29/2005 04-1577
Ohio Valley Envtl. Coalition v. Bulen
United States Fourth Circuit
Administrative Law, Environmental Law, Government Law 
Defendant, U.S. Army Corps of Engineers, complied with section 404(e) of the Clean Water Act in issuing a general permit for the discharge of dredged... 		11/28/2005 04-2129, 04-2137, 04-2402
U.S. v. Gilbert
United States Fourth Circuit
Criminal Law & Procedure 
Defendant's conviction as a felon in possession of a firearm is affirmed over his claim that the criminal law at issue does not apply when a defendant... 		11/28/2005 04-5004
Colucci v. Agfa Corp. Severance Pay Plan
United States Fourth Circuit
Contracts, ERISA, Labor & Employment Law, M&A 
In an ERISA dispute over the calculation of plaintiff's severance benefits, the district court's determination that defendant abused its discretion in... 		11/28/2005 05-1095
Miles v. Dell
United States Fourth Circuit
Civil Rights, Injury & Tort Law, Labor & Employment Law 
When a Title VII plaintiff can show that firing and hiring decisions were made by different decisionmakers, she need not show as part of her prima... 		11/22/2005 04-2500
Bryte v. Am. Household
United States Fourth Circuit
Evidence, Injury & Tort Law, Product Liability 
In an action against the manufacturer of an allegedly defective electrical throw, judgment as a matter of law for defendants is affirmed where the... 		11/21/2005 04-1051
Taylor v. Federal Express
United States Fourth Circuit
Administrative Law, Labor & Employment Law 
In a claim by plaintiff for employer failure to accomodate under the Americans with Disabilities Act (ADA), summary judgment for defendant is affirmed... 		11/16/2005 04-2056
Wilson v. Flynn
United States Fourth Circuit
Constitutional Law, Criminal Law & Procedure, Government Law, Injury & Tort Law 
Summary judgment based on qualified immunity for defendants on claims they used excessive force during an arrest is affirmed where the "totality of... 		11/15/2005 04-2491
In re Cabey
United States Fourth Circuit
Criminal Law & Procedure, Habeas Corpus, Sentencing 
Petitioner in a habeas corpus proceeding was not required to obtain pre-filing authorization under the Anti-Terrorism and Effective Death Penalty Act... 		11/15/2005 04-277
US v. Morris
United States Fourth Circuit
Criminal Law & Procedure, Sentencing 
The rule announced in United States v. Booker, 125 S. Ct. 738 (2005) does not apply retroactively to cases on collateral review; thus, defendant's... 		11/07/2005 04-7889

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