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United States Fourth Circuit - December 2005 Opinion Summaries

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Description Date Docket #
In Re: Frushour
United States Fourth Circuit
Bankruptcy Law, Debt Collection, Education Law 
Bankruptcy court finding that bankruptcy debtor satisfied the undue hardship requirement for discharge of government-guaranteed educational loans is... 		12/30/2005 04-2553
US v. Cardwell
United States Fourth Circuit
Criminal Law & Procedure, Evidence, Sentencing 
Defendants' sentences on murder-for-hire charges are vacated where, under Booker, the district court plainly violated the Sixth Amendment in... 		12/30/2005 03-4585, 03-4835
In Re: Wray
United States Fourth Circuit
Criminal Law & Procedure, Ethics & Disciplinary Code, Ethics & Professional Responsibility, Tax Law 
The misdemeanor offense of willful failure to pay income taxes does not constitute a "serious crime" within the meaning of Federal Rule of... 		12/29/2005 05-1106
Twin City Fire Ins. Co. v. Ben Arnold-Sunbelt Beverage Co.
United States Fourth Circuit
Attorney's Fees, Contracts, Ethics & Disciplinary Code, Ethics & Professional Responsibility, Injury & Tort Law, Insurance Law, Labor & Employment Law  (Industry: Food & Beverage)
Under South Carolina law, an insurer's reservation of rights letter contesting coverage of certain claims but not other claims does not automatically... 		12/27/2005 04-2048
US v. El Shami
United States Fourth Circuit
Criminal Law & Procedure, Immigration Law, Sentencing  (Industry: Food & Beverage)
Defendant's conviction for unlawful reentry of a deported alien is vacated pursuant to his collateral attack on the underlying deportation order where... 		12/27/2005 04-4662
US v. Nunez
United States Fourth Circuit
Criminal Law & Procedure, Evidence  (Industry: Food & Beverage)
Defendants' convictions and sentences for drug related offenses are vacated and remanded for a new trial where the district court abused its... 		12/21/2005 04-4484, 04-4504
Toll Bros., Inc. v. Dryvit Sys., Inc.
United States Fourth Circuit
Construction, Consumer Protection Law, Evidence, Injury & Tort Law, Product Liability, Property Law & Real Estate  (Industry: Food & Beverage)
Summary judgment for defendants in an action to recover costs developer plaintiff incurred in removing allegedly defective stucco from homes is... 		12/21/2005 05-1077
Padilla v. Hanft
United States Fourth Circuit
Civil Rights, Criminal Law & Procedure, Military Law  (Industry: Food & Beverage)
Motion filed by the government for authorization to transfer petitioner from military custody to civilian law enforcement custody is denied.... 		12/21/2005 05-6396
Scott v. Nat. Century Fin. Enters., Inc.
United States Fourth Circuit
Bankruptcy Law, Civil Procedure, Health Law, Remedies  (Industry: Food & Beverage)
An injunction and contempt order resulting from an adversary action by creditors in bankruptcy court asserting the interests of the estate is vacated... 		12/20/2005 05-1104
Stone v. Duke Energy Corp.
United States Fourth Circuit
Civil Procedure, Corp. Governance, Corporation & Enterprise Law, Labor & Employment Law, Public Utilities, Securities Law  (Industry: Food & Beverage)
Dismissal for lack of jurisdiction of plaintiff's action as to claims under the Sarbanes-Oxley Act of 2002 alleging that employer defendant violated... 		12/15/2005 04-2562

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