United States Fourth Circuit - January 2003 Opinion Summaries

COUNTS v. S. CAROLINA ELEC. & GAS CO.

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...

BD. OF TRUSTEES OF THE SHEET METAL WORKERS' NAT'L PENSION FUND v. COMM'R OF INTERNAL REVENUE

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...

KENTUCKIANS FOR THE COMMONWEALTH, INC. v. RIVENBURGH

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...

BOND v. BLUM

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...

JUDICIAL WATCH, INC. v. ROSSOTTI

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...

LYONS v. LEE

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...

US v. MACKINS

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...

IN RE: AM. HONDA MOTOR CO.

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...

ROSSIGNOL v. VOORHAAR

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...

US v. WILSON

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...