United States Fourth Circuit - Opinion Summaries

US v. HONG

Criminal Law & Procedure, Environmental Law
Statutes providing for fines for each day a defendant is in violation of a law under USSG 5E1.2(c)(4), are limited by 18 USC 3571.5, not by other...

WILLIAMS v. US

Civil Procedure, Indian Law
The Federal Tort Claims Act does not waive the United States' immunity against liability for violation of its own statutes, absent specific language...

BRINN v. TIDEWATER TRANSP. DIST. COMM'N

Labor & Employment Law
Virginia Code section 51.5-46(D), prohibiting an award of attorneys' fees "in which the petitioner is represented by the Department," applies only to...

CASH v. GRANVILLE COUNTY BD. OF EDUC.

Constitutional Law, Education Law
Local school board is more like a county than an arm of the State so it does not enjoy Eleventh Amendment immunity in a suit brought by an employee...

US v. JONES

Constitutional Law, Criminal Law & Procedure
Where an anonymous tip proved to be unreliable and the driver of the car was obeying the rules of the road, the stop violated the Fourth Amendment,...

TFWS, INC. v. SCHAEFER

Antitrust & Trade Regulation, Constitutional Law
In an antitrust case involving the sale of liquor over state lines, the district court should not rule on the applicability of the Twenty First...

AMERICA ONLINE, INC. v. AT&T CORP.

Cyberspace Law, Intellectual Property, Trademark
While registration of the mark "Buddy List" provides prima facie evidence that cannot be defeated on summary judgment, the mark "You Have Mail" is...

DELLASTATIOUS v. WILLIAMS

Corporation & Enterprise Law, Securities Law
Even if corporate directors are "control persons" under the Securities Exchange Act of 1934, 15 USC 78t(a), or the Virginia Securities Act, Va. Code...

SPRIGGS v. DIAMOND AUTO GLASS

Civil Rights, Labor & Employment Law
Where an employee's complaints about racial remarks in the workplace are ignored by several supervisors, a company policy in an employee handbook does...

CM v. THE BD. OF EDUC. OF HENDERSON COUNTY

Administrative Law, Constitutional Law, Education Law
As long as a party seeking a due process hearing is supplied with notice that a statute requires filing a request for the hearing within a specified...