United States Fourth Circuit - October 2001 Opinion Summaries

INTOWN PROPERTIES MGMT., INC. v. WHEATON VAN LINES, INC.

Civil Procedure
Where a defendant did not receive timely notice of its potential liability above and beyond the original claims, the district court has the discretion...

HARTZ v. LIBERTY MUT. INS. CO.

Insurance Law
Maryland law does not allow for a first-party action in tort against an insurer for bad faith failure to settle a claim.

PYE v. US

Civil Procedure, Property Law & Real Estate
Where the plaintiffs own land next to and including an area containing designated historic sites and allege that the road improvements authorized by a...

JIMENEZ v. DAIMLERCHRYSLER CORP.

Injury & Tort Law
Under South Carolina law, evidence that plaintiff saw defendant's commercials claiming vehicle safety for recent models cannot serve as the basis for...

HOLLAND v. PARDEE COAL CO.

Government Benefits, Health Law
The Coal Industry Retiree Health Benefit Act of 1992, 26 USC 9701-9722, allows the Social Security Administration to exercise its assignment authority...

US v. DINNALL

Criminal Law & Procedure, Sentencing
A sentence for drug dealing violates Apprendi if it exceeds the time specified in the fallback provision, 21 USC 841(b)(1)(C), which imposes a penalty...

TECHNOSTEEL, LLC v. BEERS CONSTR. CO.

Civil Procedure
The physical transfer of the litigation aspects of a case to a different district court does not divest the appellate court of jurisdiction to review...

THE PINEY RUN PRES. ASS'N v. COUNTY COMM'RS OF CARROLL COUNTY, MARYLAND

Environmental Law
Where the county commissioners informed the permitting authority during the permit application process that the waste treatment plant would discharge...

HOST MARRIOTT CORP. v. US

Tax Law
Because the obligation to pay interest on unpaid taxes cannot be discharged by paying the interest separately while challenging the tax deficiencies,...