United States Fourth Circuit - June 2006 Opinion Summaries

U.S. v. Perez-Pena

Criminal Law & Procedure, Immigration Law, Sentencing
The U.S.'s appeal of a downward-departure sentence for illegal re-entry is vacated and remanded where: 1) disparities between the reduced sentences of...

U.S. v. Smith

Criminal Law & Procedure, Sentencing
Convictions and sentences arising from participation in a crack cocaine conspiracy and a murder are affirmed where the district court did not err in...

U.S. Dep't of Labor v. Wolf Run Mining Co., Inc.

Administrative Law, Injury & Tort Law, Labor & Employment Law, Property Law & Real Estate, Remedies
Preliminary injunction requiring mining company to permit the United Mine Workers of America to investigate the Sago Mine explosion is upheld where:...

Fairchild Dornier GMBH v. Official Comm. of Unsecured Creditors

Bankruptcy Law
The bankruptcy court's recharacterization of a sale of parts is affirmed where: 1) recharacterization of claims is within the broad powers of a...

Allstate Ins. Co. v. Fritz

Contracts, Injury & Tort Law, Insurance Law, Property Law & Real Estate
Summary judgment for defendants in a case involving negligent damage to property is affirmed where the plaintiff produced no evidence of defendants'...

U.S. v. Alamoudi

Asset Forfeiture, Constitutional Law, Criminal Law & Procedure, Sentencing
Grant of government's motion for forfeiture of substitute assets is affirmed where: 1) the government did not waive its right to seize substitute...

Buckner v. Polk

Constitutional Law, Criminal Law & Procedure, Habeas Corpus, Sentencing
Petition for habeas corpus is denied where: 1) new evidence did not establish defendant's innocence; 2) defendant could not demonstrate prejudice from...

Hux v. City of Newport News

Civil Rights, Government Law, Labor & Employment Law
Summary judgment in favor of defendant is affirmed over claims that failure to promote her to Fire Captain was based on her gender, in violation of...

Chao v. Malkani

ERISA, Labor & Employment Law
Judgment against defendant plan fiduciaries, resulting in removal as fiduciaries of plan and order for remuneration for losses resulting from...

Francis v. Booz Allen & Hamilton, Inc.

Civil Procedure, Civil Rights, Government Law, Labor & Employment Law, Military Law
Summary judgment in favor of defendant, in case alleging discrimination, wrongful termination, and retaliation in violation of the Uniformed Services...