United States Fourth Circuit - July 2003 Opinion Summaries

SONOCO PRODS. CO. v. PHYSICIANS HEALTH PLAN, INC.

Civil Procedure, ERISA, Health Law
In a contractual dispute arising over employee health programs, which was removed to federal court, the denial of plaintiff's motion to remand to...

HESS ENERGY, INC. v. LIGHTNING OIL CO., LTD.

Commercial Law, Contracts, Oil and Gas Law, Remedies
Under the Virginia Uniform Commercial Code, in an anticipatory breach scenario, the measure of damages is calculated using the market price as of the...

RODRIGUEZ v. SMITHFIELD PACKING CO., INC.

Civil Rights, Labor & Employment Law
In a suit arising from an allegedly unlawful arrest in the wake of a unionization election, a chief of security's actions did not constitute official...

US v. JARRETT

Constitutional Law, Criminal Law & Procedure, Cyberspace Law
The Fourth Amendment suppression of child pornography evidence obtained for the government by an anonymous hacker is reversed, where the hacker did...

R. R. v. FAIRFAX COUNTY SCH. BD.

Administrative Law, Constitutional Law, Education Law
The Individuals with Disabilities Education Act (IDEA) does not require an educational agency to include in its procedural safeguards notice, mandated...

CENT. ELEC. POWER COOP. v. SOUTHEASTERN POWER ADMIN.

Public Utilities
The Flood Control Act authorizes defendants to recover revenue shortages incurred during a prior rate period and affords them considerable discretion...

WACHOVIA BANK, N.A. v. FED. RESERVE BANK OF RICHMOND

Banking Law, Commercial Law
A retailer's failure to implement the defendant's suggested method of vendor payment, Electronic Funds Transfer, did not "substantially contribute" to...

C. F. TRUST, INC. v. FIRST FLIGHT LTD. P'SHIP

Corp. Governance, Corporation & Enterprise Law, Judgement Enforcement
In light of two certified questions to the Virginia Supreme Court regarding the permissability of piercing the corporate veil against a limited...

PAGE v. LEE

Constitutional Law, Criminal Law & Procedure, Habeas Corpus
Petitioner's request for a certificate of appealability on his Ake claim (failure to appoint a mental health expert) is granted, and the judgment of...

KING v. MARRIOTT INT'L CORP.

ERISA, Labor & Employment Law
In an action for wrongful discharge under Maryland state law, asserting that plaintiff was discharged for complaining about and for refusing to...