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United States Fourth Circuit - December 2001 Opinion Summaries

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Description Date Docket #

TRULOCK v. FREEH

United States Fourth Circuit
Constitutional Law
A plaintiff who wrote an article that criticized the government may be able to prove that a search of his townhouse was retailiatory and in violation...
12/28/2001 00-2260

ELLETT BROTHERS, INC. v. US FIDELITY & GUARANTY CO.

United States Fourth Circuit
Insurance Law
In an insurance claim by a policy holder, the duty to defend is based on the allegations in the complaint, while the duty to indemnify is based on...
12/28/2001 01-1130, 00-2533

SEC. & EXCH. COMM'N v. ZANDFORD

United States Fourth Circuit
Securities Law
If a broker's fraudulent actions are not sufficiently connected with a securities transaction, the federal securities laws (S 17(a) of the Securities...
12/27/2001 99-1733

ALLEN v. MITCHELL

United States Fourth Circuit
Habeas Corpus
Under U.S.C.A. section 2244(d), the statute of limitations should not be tolled during the Post-Deadline Period.
12/27/2001 00-7439

KURFEES v. IMMIGRATION & NATURALIZATION SERV.

United States Fourth Circuit
Immigration Law
Under the pre-Illegal Immigration Reform and Immigrant Responsibility Act rules, an alien who failed to appeal a deportation order or a denial of a...
12/19/2001 00-7681

SAFETY-KLEEN, INC. v. WYCHE

United States Fourth Circuit
Bankruptcy Law, Environmental Law
Under 11 USC 362(b)(4), the regulatory exception to the automatic stay of bankruptcy applies to South Carolina bond requirements for environmental...
12/19/2001 00-2170

PATTEN v. NICHOLS

United States Fourth Circuit
Civil Rights
The standard for 14th Amendment liability in denial-of-medical-care claims for involuntarily committed patients is the "professional judgment"...
12/19/2001 00-2503

US v. SOLOMON

United States Fourth Circuit
Criminal Law & Procedure, Sentencing
A court may not award an eight-level sentence reduction for possession of a firearm "solely for lawful sporting purposes or collection," under USSG...
12/17/2001 01-4501

GRIFFIN v. DEP'T OF VETERANS AFFAIRS

United States Fourth Circuit
Constitutional Law
VA's regulation that restricts the unlimited flying of a Confederate flag at national cemeteries does not violate the Constitution, even if the...
12/17/2001 01-1450

US v. ROBINSON

United States Fourth Circuit
Criminal Law & Procedure
Venue is proper in a state where some carjackings occurred for a carjacking conspiracy claim under 18 USC 924(j), because the crime is a continuing...
12/17/2001 00-4851, 00-4853

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