United States Fourth Circuit - Opinion Summaries

DISCOVER BANK v. VADEN

Civil Procedure, Dispute Resolution & Arbitration
When a party comes to federal court seeking to compel arbitration, the presence of a federal question in the underlying dispute is sufficient to...

HARPER v. PUB. SERV. COMM'N

Civil Procedure, Constitutional Law, Government Law, Public Utilities
In a suit concerning the effect of federal commerce power, the district court erred in abstaining from deciding whether West Virginia requirements...

LUMBACH CO. v. ZURICH AM. INS. CO.

Insurance Law, Contracts, Construction

US v. HUGHES

Criminal Law & Procedure, Sentencing
Defendant's convictions for bankruptcy fraud and perjury are affirmed, however, his sentence is vacated in light of US v. Booker, No. 04-104, 2005 WL...

JH v. HENRICO COUNTY SCH. BD.

Civil Rights, Education Law
In a suit for educational expenses under the Individuals with Disabilities Education Act, summary judgment in favor of defendant-County is vacated and...

PHELPS v. C.T. ENTER.

ERISA, Labor & Employment Law
In a suit for employment benefits, summary judgment in favor of defendant-employer is vacated where a reasonable fact finder could find that defendant...

US v. SERVANCE

Criminal Law & Procedure
Defendant's conviction for multiple drug and firearm offenses is affirmed over his challenge that the state court's issuance of a search warrant...

W. PENN. POWER CO. v. NLRB

Labor & Employment Law, Public Utilities
Plaintiff violated section 8(a)(1) and (5) of the National Labor Relations Act by failing to provide the Union with information about its use of...

MEDIA GEN. OPERATIONS v. NLRB

Administrative Law, Labor & Employment Law
An employee's shouting out that his employers were "racists" is not considered protected activity under the National Labor Relations Act.

EEOC v. SEAFARERS INT'L

Labor & Employment Law
The age discrimination prohibitions of the Age Discrimination in Employment Act extend to include apprenticeship programs.