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United States Fourth Circuit - January 2005 Opinion Summaries

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Description Date Docket #

ARGAW v. ASHCROFT

United States Fourth Circuit
Criminal Law & Procedure, Immigration Law
Plaintiff's order of removal is reversed where his possession of khat, a plant whose leaves are chewed as a stimulant, is not a criminal offense since...
01/31/2005 03-2436

COLL. LOAN CORP. v. SLM CORP.

United States Fourth Circuit
Education Law, Banking Law, Constitutional Law, Contracts
In a dispute between two lenders of student loans, the district court erred in ruling that plaintiff's state law breach of contract claims were...
01/31/2005 03-1867

O'BRIEN v. MOORE

United States Fourth Circuit
Attorney's Fees, Criminal Law & Procedure, Habeas Corpus
The Equal Access to Justice Act does not contain the unequivocal expression of congressional intent to waive sovereign immunity to authorize the...
01/27/2005 04-6473

US v. SMITH

United States Fourth Circuit
Criminal Law & Procedure
Defendant's conviction for driving with a suspended license is reversed where such a conviction requires that an individual drive on a "highway."
01/27/2005 03-4957

BURRELL v. VIRGINIA

United States Fourth Circuit
Civil Rights, Constitutional Law, Injury & Tort Law
Plaintiff's complaint, alleging that a summons to appear in court for refusing to provide evidence of automobile insurance at the scene of an accident...
01/27/2005 02-2347

IN RE: MATTHEWS

United States Fourth Circuit
Civil Procedure, Property Law & Real Estate
The district court's order granting ownership and possession of a historic document, seized by federal agents, to the State is vacated where the...
01/26/2005 04-1113

DEAN v. PILGRIM'S PRIDE CORP.

United States Fourth Circuit
Civil Procedure
West Virginia's savings statute, which conditionally gives a plaintiff a year to refile a lawsuit, applies only where a dismissal is the result of a...
01/26/2005 04-1054

MYRICK v. PRIME INS.

United States Fourth Circuit
Contracts, Remedies
In a breach of contract action, the award of punitive damages is reversed where defendant's conduct was not willful or in reckless disregard of...
01/26/2005 00-1726

MOORE v. ASHEVILLE

United States Fourth Circuit
Civil Procedure, Civil Rights, Constitutional Law, Injury & Tort Law
A defendant to a coercive state administrative proceeding must exhaust his state administrative and judicial remedies, and may not bypass them in...
01/25/2005 04-1003

US v. SHANK

United States Fourth Circuit
Criminal Law & Procedure, Sentencing
Fed. R. Crim. P. 35(c) divests a district court of jurisdiction to correct sentencing errors more than seven days after sentencing.
01/25/2005 02-4899

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