United States Fourth Circuit - July 2005 Opinion Summaries

Venkatraman v. REI Sys.

Civil Rights, Injury & Tort Law, Labor & Employment Law
Dismissal of plaintiff's complaint, alleging employment discrimination in violation of Title VII of the Civil Rights Act, is affirmed where his...

Hatfill v. New York Times

Civil Procedure, Injury & Tort Law
Dismissal of plaintiff's claims for defamation and intentional infliction of emotional distress is reversed where he has adequately pled the elements...

Cox v. City of Charleston

Constitutional Law, Government Law
A local ordinance, which prohibits assembly on the streets or sidewalks of the city, is facially unconstitutional to the extent that it prevents small...

Charleston Area Med. Ctr.

Injury and Tort Law, Civil Procedure

US v. Bursey

Criminal Law & Procedure
Defendant's conviction for willfully and knowingly entering a restricted area where the President was temporarily visiting is affirmed over his claim...

Diamond v. Colonial Life

Civil Rights, Injury & Tort Law, Labor & Employment Law
In an employment dispute alleging race discrimination and retaliation, summary judgment in favor of defendant-employer is affirmed where plaintiff...

Columbia Cas. Co. v. Westfield Ins. Co.

Insurance Law

US v. Evans

Criminal Law & Procedure, Sentencing
Defendant's sentence for being a felon in possession of a firearm is affirmed over his claim that the sentence is unconstitutional based on US v....

New Wellington Fin. v. Flagship Resort

Civil Procedure
The district court is entitled to exercise its discretion to decline to hear a declaratory judgment action in light of a parallel state-court case.

Carolina Power and Light Co. v. Dynegy

Attorney's Fees, Civil Procedure, Contracts
A claim for legal costs based on a contractual provision, that is not limited to expenses incurred during the underlying litigation, is an element of...