United States Fourth Circuit - August 2005 Opinion Summaries

Provident Life & Accident Ins. Co. v. Cohen

ERISA, Insurance Law, Labor & Employment Law
In a dispute concerning a disability income policy, the district court's decision to grant plaintiff-insurance company declaratory relief, finding the...

Sunrise Corp. v. City of Myrtle Beach

Constitutional Law, Government Law, Property Law & Real Estate
The district court properly decided that defendant-City's withholding of a building permit did not violate plaintiff's rights under the Due Process,...

National Fed. of the Blind v. FTC

Constitutional Law
An FTC regulation, which restricts telemarketing practices as they apply to charitable fundraising, does not violate the First Amendment.

United Seniors Ass'n v. SSA

Administrative Law, Consumer Protection Law
The administrative law judge correctly found that plaintiff's envelopes violate section 1140(a)(1) of the Social Security Act.

Lamparello v. Falwell

Cyberspace Law, Intellectual Property, Trademark
In a trademark infringement dispute, a district court order enjoining plaintiff from maintaining his gripe website critical of Reverend Jerry Falwell...

Pham v. Hartford Fire Ins. Co.

Injury & Tort Law, Insurance Law, Labor & Employment Law
In an action seeking insurance policy coverage, the tortfeasor was not an insured under his employer's business auto policy where his use of the...

Soliman v. Gonzales

Criminal Law & Procedure, Immigration Law
Plaintiff's petition for review is granted where the Board of Immigration Appeals erred in determining that she had been previously convicted in the...

Mudd v. Barnhart

Attorney's Fees, Government Benefits
In a suit for social security benefits, the district court did not err when it considered the time a lawyer spent representing plaintiff at the...

US v. Hedgepeth

Criminal Law & Procedure, Sentencing
Defendant's sentence for bribery and extortion convictions is affirmed over her claim that the district denied her the effective assistance of counsel...

Myers v. Loudoun County Pub. Sch.

Constitutional Law, Education Law
A Virginia statue which provides for daily, voluntary recitation of the Pledge of Allegiance in Virginia's public schools does not violate the...