United States Fourth Circuit - March 2011 Opinion Summaries

R. H. Donnelley Corporation v. US

Administrative Law, Civil Procedure, Tax Law
In a tax dispute involving the application of a time-barred tax liability to a refund, trial court judgment in favor of the IRS is affirmed because...

Boyd v. Metropolitan Life Ins. Com.

Civil Procedure, ERISA, Family Law
In an ERISA dispute involving the validity of payment to an expressed beneficiary-spouse who, at the time of the death of the policy holder, was...

Virginia Historic Tax Credit Fund v. Comm'r of Internal Revenue

Administrative Law, Tax Law
In a tax dispute involving whether certain transactions between a partnership and its partners amounted to sales for purposes of federal tax law,...

ACLU v. Holder

Constitutional Law, Government Law
In a constitutional challenge to the seal provisions of the Fair Claims Act, 31 U.S.C. sections 3730(b)(2)–(3), dismissal by district court is...

Kendall v. Balcerzak

Civil Procedure, Constitutional Law, Elections
In a Section 1983 dispute arising out of a petition drive to obtain a referendum on a zoning ordinance, Rule 12(b)(6) dismissal by district court is...

US v. Masciandaro

Criminal Law & Procedure, Sentencing
Conviction and sentencing of defendant for carrying or possessing a loaded handgun in a motor vehicle, under 36 C.F.R. section 2.4(b), is affirmed...

Grace v. Family Dollar Stores, Inc.

Labor & Employment Law
In a dispute under the Fair Labor Standards Act (Act), 29 U.S.C. section 213(a)(1), judgment of the district court is affirmed where plaintiff falls...

Brockington v. Boykins

Civil Rights, Remedies
In a 42 U.S.C. section 1983 dispute alleging the use of excessive, deadly force by a police officer, denial of motion to dismiss on the ground of...

Industrial Enterprises, Inc. v. Penn America Insurance Co.

Environmental Law, Insurance Law
In an insurance dispute involving whether liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) falls...

Solis v. Malkani

Civil Procedure, ERISA, Labor & Employment Law
In an appeal arising out of ERISA, district court judgment in favor of plaintiff is affirmed where there is no error.