United States Fourth Circuit - Opinion Summaries

US v. CEPHAS

Constitutional Law, Criminal Law & Procedure
Police officer, who smelled marijuana and saw minor in apartment, could make forced entry into the apartment when he received anonymous tip that minor...

US v WILLIAMS

Criminal Law & Procedure, Sentencing
The word "distribution" in USSG 2G2.2, enhancing a sentence for distribution of child pornography, has the "ordinary meaning," and therefore is not...

US v. GODWIN

Criminal Law & Procedure, Sentencing
When sentencing for the offense of harboring a fugitive, the earlier version of USSG section 2X3.1 required the use of the general base offense level...

CHOICE HOTELS INT'L, INC. v. BSR TROPICANA RESORT, INC.

Contracts, Dispute Resolution & Arbitration
A statement during proceedings in the district court that a party seeks "enforcement of the arbitration clause of the Agreement" is sufficient to...

MYERS v. HERCULES, INC.

ERISA
Where plaintiff's physician reports that plaintiff is totally disabled, an ERISA review re-interpreting the report to mean that plaintiff is not...

RSM, INC. v. BUCKLES

Commercial Law, Constitutional Law
BATF's letter demanding certain record information did not violate the Firearms Owners' Protection Act of 1986, 18 USC 926(a) because it was limited...

GRAPHIC COMMUNICATIONS INT'L UNION, LOCAL 31-N v. QUEBECOR PRINTING (USA) CORP.

Labor & Employment Law
Under the Worker Adjustment and Retraining Notification Act, 29 USC 2101(a)(6)(A), employees are entitled to 60 days notice before the permanent...

WASTE MANAGEMENT HOLDINGS, INC. v. GILMORE

Environmental Law
The historical background and events leading up to a cap in the amount of municipal solid waste that Virginia landfills may accept shows that no...

RYAN v. HOMECOMINGS FIN. NETWORK,

Bankruptcy Law
Because the Supreme Court's reasoning in Dewsnup v. Timm, 502 U.S. 410 (1992), is equally applicable to "strip offs" as to "strip downs", a debtor may...

NAT'L LABOR RELATIONS BD. v. LABOR READY, INC.

Labor & Employment Law
Even though workers signed an application stating that they are "deemed to have quit" each evening, where employer provides continuous assignments and...