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United States Fourth Circuit - May 2004 Opinion Summaries

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Description Date Docket #

SMITH v. CONT'L CAS. CO.

United States Fourth Circuit
Attorney's Fees, ERISA, Government Benefits
Summary judgment for plaintiff is vacated because the district court relied on a ruling that does not apply to this ERISA benefits plan. Thus, the...
05/28/2004 03-2105

WALTON v. GREENBRIER FORD, INC.

United States Fourth Circuit
Government Law, Labor & Employment Law
Plaintiff fell within the Fair Labor Standards Act's automobile dealership workers exemption, and he in not entitled to overtime pay. Furthermore,...
05/28/2004 02-2432

THE RETIRED PILOTS ASS'N OF US AIRWAYS, INC. v. US AIRWAYS GROUP

United States Fourth Circuit
Bankruptcy Law, Transportation
Appellant's challenge to the bankruptcy's court distress termination order is equitably moot because the termination order had been fully consumated...
05/27/2004 03-1825

WADE v. BLUE

United States Fourth Circuit
Indian Law
The South Carolina state courts possess exclusive jurisdiction to decide intra-tribal disputes between members of the Catawba Indian Tribe.
05/26/2004 03-2245

BRICKWOOD CONTRACTORS, INC. v. DATANET ENG'G, INC.

United States Fourth Circuit
Civil Procedure, Injury & Tort Law, Sanctions
The district court erred by imposing sanctions on plaintiff in the face of defendant's failure to comply with the requirements of Federal Rule of...
05/26/2004 00-2324

US v. GRAHAM COUNTY SOIL & WATER CONSERVATION DIST.

United States Fourth Circuit
Labor & Employment Law
Under the False Claims Act, 31 U.S.C. section 3731(b), an employer's submission of false claims commences a six-year statute of limitations for...
05/25/2004 03-1122

DIXON v. COBURG DAIRY, INC.

United States Fourth Circuit
Civil Procedure, Civil Rights, Constitutional Law, Labor & Employment Law
In an unlawful termination action involving the right to display the Confederate battle flag at work, the district court lacked subject matter...
05/25/2004 02-1266

STUDIO FRAMES LTD. v. STANDARD FIRE INS. CO.

United States Fourth Circuit
Insurance Law, Property Law & Real Estate
Plaintiff's failure to file a proof of loss for damage to its leasehold improvements is not an absolute bar to recovery under the Standard Flood...
05/21/2004 03-1674

PENN-AM. INS. CO. v. COFFEY

United States Fourth Circuit
Injury & Tort Law, Insurance Law
Action seeking a declaratory judgment that plaintiff had no duty to defend or indemnify its insured was improperly dismissed. Exercising jurisdiction...
05/20/2004 03-1137

US v. HOLBROOK

United States Fourth Circuit
Criminal Law & Procedure
By its plain language, defendant's breach of the plea agreement permitted the Government to refuse to dismiss and proceed to trial, and doing so did...
05/20/2004 02-4844

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