United States Fourth Circuit - November 2005 Opinion Summaries

Chacko v. Patuxent Inst.

Administrative Law, Civil Rights, Indian Law, Labor & Employment Law
A plaintiff in a Title VII employment discrimination suit fails to exhaust his administrative remedies where his administrative charges reference...

Colucci v. Agfa Corp. Severance Pay Plan

Contracts, ERISA, Labor & Employment Law, M&A
In an ERISA dispute over the calculation of plaintiff's severance benefits, the district court's determination that defendant abused its discretion in...

U.S. v. Gilbert

Criminal Law & Procedure
Defendant's conviction as a felon in possession of a firearm is affirmed over his claim that the criminal law at issue does not apply when a defendant...

Ohio Valley Envtl. Coalition v. Bulen

Administrative Law, Environmental Law, Government Law
Defendant, U.S. Army Corps of Engineers, complied with section 404(e) of the Clean Water Act in issuing a general permit for the discharge of dredged...

Miles v. Dell

Civil Rights, Injury & Tort Law, Labor & Employment Law
When a Title VII plaintiff can show that firing and hiring decisions were made by different decisionmakers, she need not show as part of her prima...

Bryte v. Am. Household

Evidence, Injury & Tort Law, Product Liability
In an action against the manufacturer of an allegedly defective electrical throw, judgment as a matter of law for defendants is affirmed where the...

Taylor v. Federal Express

Administrative Law, Labor & Employment Law
In a claim by plaintiff for employer failure to accomodate under the Americans with Disabilities Act (ADA), summary judgment for defendant is affirmed...

In re Cabey

Criminal Law & Procedure, Habeas Corpus, Sentencing
Petitioner in a habeas corpus proceeding was not required to obtain pre-filing authorization under the Anti-Terrorism and Effective Death Penalty Act...

Wilson v. Flynn

Constitutional Law, Criminal Law & Procedure, Government Law, Injury & Tort Law
Summary judgment based on qualified immunity for defendants on claims they used excessive force during an arrest is affirmed where the "totality of...

US v. Morris

Criminal Law & Procedure, Sentencing
The rule announced in United States v. Booker, 125 S. Ct. 738 (2005) does not apply retroactively to cases on collateral review; thus, defendant's...