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United States Fourth Circuit - January 2004 Opinion Summaries

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Description Date Docket #

WICKWIRE GAVIN, P.C. v. USPS

United States Fourth Circuit
Government Contracts, Government Law
In response to an information request regarding its contract with Hallmark Cards, Inc., defendant properly invoked FOIA Exemption 3 in withholding...
01/30/2004 02-2310

S. ATLANTIC LTD. P'SHIP OF TENNESSEE, LP v. RIESE

United States Fourth Circuit
Civil Procedure, Construction, Contracts
Post-mandate judgment entered by the district court in 2002 modified the circuit court's 1999 judgment in contravention of the mandate rule. In...
01/30/2004 02-2274

US v. GOINES

United States Fourth Circuit
Criminal Law & Procedure, Sentencing
A defendant may rely on a clarifying or hybrid amendment to support a motion for reduction of sentence under 18 U.S.C. section 3582(c)(2), so long as...
01/28/2004 01-7500

US v. AL-HAMDI

United States Fourth Circuit
Criminal Law & Procedure, International Law
Defendant, convicted of being a non-immigrant alien in possession of a firearm, was not a member of the family of a diplomatic agent for purposes of...
01/23/2004 03-4452, 03-4655

US v. JONES

United States Fourth Circuit
Criminal Law & Procedure, Sentencing
Defendant, convicted of possessing cocaine with intent to distribute and possessing a firearm in furtherance of a drug trafficking crime,...
01/23/2004 03-4214

US v. SCRUGGS

United States Fourth Circuit
Criminal Law & Procedure
Plea agreement was properly vacated, and the prosecution was properly allowed to use all statements made by the defendant pursuant to that agreement,...
01/23/2004 03-4174

IN RE MOFFETT

United States Fourth Circuit
Bankruptcy Law
Under Virginia law, Chapter 13 debtor is entitled to redeem her car pursuant to the automatic stay and turnover provisions of the Bankruptcy Code....
01/23/2004 03-1279

PROGRESSIVE PALOVERDE INS. CO. v. HARTFORD FIRE INS. CO.

United States Fourth Circuit
Insurance Law, Labor & Employment Law
Consistent with West Virginia's bright line rule that "insurance follows the automobile rather than the driver," defendant's policy provided primary...
01/23/2004 03-1195

GANTT v. SEC., USA, INC.

United States Fourth Circuit
Injury & Tort Law, Labor & Employment Law
District court erred in awarding summary judgment to plaintiff's employer with respect to her emotional distress claim. Though he knew the...
01/23/2004 03-1033

YOUNG v. PRINCE GEORGE'S COUNTY

United States Fourth Circuit
Constitutional Law, Criminal Law & Procedure, Injury & Tort Law
Genuine issues of material fact exist with regard to plaintiff's excessive force claim, which should be reviewed on remand under the Fourth...
01/22/2004 02-7735

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