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Monthly Archives: November 2010

Workers’ Comp – Knee Injury – Change Of Condition – Timely Application (access required)

The Court of Appeals says claimant, who injured both knees while working for a waste management department but two years later went to work for another employer at a wage higher than her pre-injury wage, loses her appeal of the ...

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Workers’ Comp – Job Termination – Just Cause – Yelling At Employees (access required)

The Court of Appeals says an auto dealer’s service department could cut off workers’ comp benefits for claimant, who managed the vehicle detail department, after he hurt his wrists on the job, as the employer was justified in terminating claimant ...

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Search & Seizure – Traffic Stop – Crossing Double-Yellow Line (access required)

Although defendant alleged police officers wanted to search for drugs when they stopped his vehicle for crossing a double-yellow line, requested identification, asked to search and brought out a drug dog, the objective facts authorized the officers to stop the ...

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Search & Seizure – Warrantless Entry – Home For Sale – ATF Agent – Buyer (access required)

Although an agent for the Bureau of Alcohol, Tobacco & Firearms first entered a home, which was for sale, by visiting with the real estate listing agent, the ATF agent did not violate defendant’s Fourth Amendment rights by entering the ...

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Criminal – Supervised Release – Pretrial Detention – Tolling (access required)

A defendant’s term of supervised release on a heroin conviction is tolled while he is in pretrial detention on other charges for which he is later convicted; the 4th Circuit agrees with the majority of its sister circuits that have ...

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Administrative – Gun Sales – ‘Manufacturer’ Or ‘Dealer’ (access required)

A man who sold guns from the basement of his home in Covington,Va., is a “manufacturer” of firearms under the Gun Control Act of 1968, and the 4th Circuit affirms summary judgment for defendant, an investigator of the Bureau of ...

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Employment Discrimination – Title VII – FMLA – 11th Amendment Immunity (access required)

An African-American male who served as procurement director for the Maryland Court of Appeals loses his suit alleging Title VII race discrimination related to his termination after he requested sick leave, and violation of the Family & Medical Leave Act; ...

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Immigration – Naturalization Application – Removal Proceedings (access required)

A Panamanian citizen and permanent U.S. resident who joined the U.S. Army but then was convicted of a drug offense by a military court cannot obtain review of the denial of his motion to terminate removal proceedings, as the 4th ...

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Civil Procedure – Jurisdictional Amount – Tax Service Franchise (access required)

The 4th Circuit reverses dismissal of Liberty Tax Service’s breach-of-contract suit against a former franchisee for failure to meet the $75,000 amount in controversy; the district court failed to account for the value of the injunction Liberty sought in addition ...

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