United States Fourth Circuit - January 2008 Opinion Summaries

State of NC v. Tennessee Valley Auth.

Constitutional Law, Environmental Law, Government Law, Injury & Tort Law
In common-law nuisance action contending coal plants emit various pollutants which travel through the atmosphere into North Carolina, adversely...

Darveau v. Detecon, Inc.

Labor & Employment Law
Action by former employee for unpaid overtime in violation of the FLSA, and retaliation, dismissal of retaliation claim and summary judgment for...

US v. Osborne

Criminal Law & Procedure, Sentencing
Conviction and sentence for conspiracy to commit robbery and other crimes are affirmed over defendant's claims that: 1) the district court erred in...

Maersk Line, Ltd. v. US

Admiralty, Contracts, Transportation
In suit for breach of contract of carriage arising out of underlying maritime dispute, summary judgment for plaintiff is affirmed over claim that the...

Long John Silver's Restaurants, Inc. v. Cole

Civil Procedure, Class Actions, Dispute Resolution & Arbitration, Labor & Employment Law
In case involving alleged violations of the FLSA for failure to pay overtime, order declining to vacate arbitration award which held that the "opt-in"...

US v. Mowatt

Criminal Law & Procedure, Evidence
Conviction for drug and weapons offenses is reversed and remanded where: 1) requiring defendant to open the door to his apartment constituted a...

US v. McCoy

Criminal Law & Procedure, Evidence
Grant of a motion to suppress evidence seized after the detention and search of the defendant in a grocery store parking lot is reversed and remanded...

US v. Chandia

Criminal Law & Procedure, Sentencing
Convictions and sentence based on conviction for providing material support to terrorists or terrorist organizations is vacated as to defendant's...

Horace Mann Ins. Co. v. Gen. Star Nat'l Ins. Co.

Contracts, Insurance Law
In excess insurance coverage dispute between insurers arising from underlying case involving a student who was sexually abused by a teacher, summary...

Stanford v. Continental Cas. Co.

ERISA, Health Law, Labor & Employment Law
In an ERISA case challenging defendant's denial of long term disability benefits, judgment for defendant is affirmed over claim that defendant's...