United States Fourth Circuit - Opinion Summaries

MEDINA v. US

Injury & Tort Law
Although Congress consented to suit for malicious prosecution through the FTCA, 28 USC 2680(h), suits relating to INS agents' discretionary functions...

SCARDELLETTI v. DEBARR

Civil Procedure
A motion to intervene in a district court class action under Federal Rule of Civil Procedure 24 to challenge the settlement must be timely, whether...

DANG v. COMM'R OF INTERNAL REVENUE

Tax Law
Since the taxpayers stipulated to the liability claimed by the IRS, leaving only interest accrued as a remaining issue, the Tax Court did not abuse...

THE CHRISTIAN SCI. BD. OF DIRS. OF THE FIRST CHURCH OF CHRIST, SCIENTIST v. NOLAN

Civil Procedure, Cyberspace Law
Even in the absence of a formal principal/agent relationship, a defendant's coordination with, and reliance upon, a volunteer's efforts in creating a...

KIELISCH v. EDUC. CREDIT MGMT. CORP.

Bankruptcy Law
11 USC 502(b)(2) does not preclude creditors from applying Chapter 13 bankruptcy estate payments to accrued postpetition interest on nondischargeable...

NAT'L LABOR RELATIONS BD. v. PEPSI COLA BOTTLING CO.

Evidence, Labor & Employment Law
The NLRB must assess whether an employee eligible for backpay would have been terminated in due course had the employer not terminated him unlawfully,...

BROWN v. GILMORE

Constitutional Law
A Virginia law mandating a moment of silence in classrooms does not violate the Establishment Clause of the Constitution because it accommodates...

CROFTON VENTURES LTD. P'SHIP v. G&H P'SHIP

Environmental Law
CERCLA, at 42 USC 9607(a)(2), imposes liability for cleanup costs on anyone who owned land at a time when hazardous waste was either placed there or...

BECK v. ANGELONE

Criminal Law & Procedure
Petitioner's affidavit stating that he would not have pled guilty if his attorneys had explained the case better is not sufficient evidence that he...

THE BALTIMORE SUN CO. v. NAT'L LABOR RELATIONS BD.

Labor & Employment Law
Before adding employees of a separate department to an union-represented collective bargaining unit, the NLRB must determine both whether the two...