United States Fourth Circuit - Opinion Summaries

US v. STATE OF W. VIRGINIA

Government Benefits, Insurance Law, Labor & Employment Law, Tax Law
West Virginia tax statute 11-27 is not preempted by 5 U.S.C. section 8909(f), which bars states from taxing insurance carriers with respect to funds...

BYRAM v. OZMINT

Constitutional Law, Criminal Law & Procedure, Habeas Corpus, Sentencing
Petitioner's claims of ineffective assistance of counsel, during the jury selection and sentencing phases of his trial, are denied.

HILL v. OZMINT

Constitutional Law, Criminal Law & Procedure, Habeas Corpus
Petitioner's claims that: 1) the court violated the Constitution in refusing to grant a continuance, 2) the presence of numerous uniformed officers in...

ANHEUSER-BUSCH, INC. v. NLRB

Administrative Law, Labor & Employment Law
Employer's petition to review an unfavorable NLRB order concerning its violations of section 8 of the National Labor Relations Act is denied where the...

MCMELLON v. US

Admiralty, Injury & Tort Law
The government's ownership and operation of a dam across navigable waters can give rise to a regulatory duty to warn, pursuant to 33 C.F.R. section...

SONOCO PRODS. CO. v. PHYSICIANS HEALTH PLAN, INC.

Civil Procedure, ERISA, Health Law
In a contractual dispute arising over employee health programs, which was removed to federal court, the denial of plaintiff's motion to remand to...

HESS ENERGY, INC. v. LIGHTNING OIL CO., LTD.

Commercial Law, Contracts, Oil and Gas Law, Remedies
Under the Virginia Uniform Commercial Code, in an anticipatory breach scenario, the measure of damages is calculated using the market price as of the...

RODRIGUEZ v. SMITHFIELD PACKING CO., INC.

Civil Rights, Labor & Employment Law
In a suit arising from an allegedly unlawful arrest in the wake of a unionization election, a chief of security's actions did not constitute official...

US v. JARRETT

Constitutional Law, Criminal Law & Procedure, Cyberspace Law
The Fourth Amendment suppression of child pornography evidence obtained for the government by an anonymous hacker is reversed, where the hacker did...

R. R. v. FAIRFAX COUNTY SCH. BD.

Administrative Law, Constitutional Law, Education Law
The Individuals with Disabilities Education Act (IDEA) does not require an educational agency to include in its procedural safeguards notice, mandated...