United States Fourth Circuit - Opinion Summaries

Twin City Fire Ins. Co. v. Ben Arnold-Sunbelt Beverage Co.

Attorney's Fees, Contracts, Ethics & Disciplinary Code, Ethics & Professional Responsibility, Injury & Tort Law, Insurance Law, Labor & Employment Law
Under South Carolina law, an insurer's reservation of rights letter contesting coverage of certain claims but not other claims does not automatically...

US v. El Shami

Criminal Law & Procedure, Immigration Law, Sentencing
Defendant's conviction for unlawful reentry of a deported alien is vacated pursuant to his collateral attack on the underlying deportation order where...

Toll Bros., Inc. v. Dryvit Sys., Inc.

Construction, Consumer Protection Law, Evidence, Injury & Tort Law, Product Liability, Property Law & Real Estate
Summary judgment for defendants in an action to recover costs developer plaintiff incurred in removing allegedly defective stucco from homes is...

US v. Nunez

Criminal Law & Procedure, Evidence
Defendants' convictions and sentences for drug related offenses are vacated and remanded for a new trial where the district court abused its...

Padilla v. Hanft

Civil Rights, Criminal Law & Procedure, Military Law
Motion filed by the government for authorization to transfer petitioner from military custody to civilian law enforcement custody is denied....

Scott v. Nat. Century Fin. Enters., Inc.

Bankruptcy Law, Civil Procedure, Health Law, Remedies
An injunction and contempt order resulting from an adversary action by creditors in bankruptcy court asserting the interests of the estate is vacated...

Vinson v. True

Criminal Law & Procedure, Evidence, Habeas Corpus
Denial of defendant's petition for habeas corpus relief from a death sentence for capital murder is affirmed over his claims of error regarding: 1) a...

Stone v. Duke Energy Corp.

Civil Procedure, Corp. Governance, Corporation & Enterprise Law, Labor & Employment Law, Public Utilities, Securities Law
Dismissal for lack of jurisdiction of plaintiff's action as to claims under the Sarbanes-Oxley Act of 2002 alleging that employer defendant violated...

McKinney v. Richland County Sheriff's Dep't

Civil Rights, Criminal Law & Procedure, Education Law
Denial of defendant's summary judgment motion in a civil rights case under 42 U.S.C. section 1983, involving alleged arrests without probable cause,...

Wendt v. Leonard

Attorney's Fees, Civil Procedure, Civil Rights, Constitutional Law, Property Law & Real Estate, Tax Law
Denial of plaintiff's motion to vacate an order awarding attorneys fees in an underlying civil rights case, involving the seizure of plaintiff's boat,...