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Tag Archives: 4th U.S. Circuit Court of Appeals

‘Strategic’ Removal Waived Federal Defense (access required)

In plaintiff’s suit against Crane Company alleging death from mesothelioma due to asbestos exposure, Crane was not entitled to assert another basis for federal court jurisdiction after the district court remanded to state court when plaintiff amended its complaint to ...

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No Contract Clause Claim for City Pension Change (access required)

A Baltimore local ordinance substituting a cost-of-living adjustment for a “variable benefit” in police and firefighter pensions did not impair plaintiffs’ rights under the Contract Clause of the U.S. Constitution because plaintiffs retained a state law remedy for breach of ...

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Scope of Impact Statement Covers Bridge Project (access required)

Federal and state defendants planning to replace the Bonner Bridge between mainland North Carolina and the Outer Banks’ Hatteras Island did not violate the National Environmental Policy Act by seeking approval of only the bridge replacement and denying the public ...

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ERISA Plan Fiduciaries May Face Personal Liability (access required)

Participants in a 401(k) plan before and after defendant separated its Reynolds tobacco business from its Nabisco food company and plan fiduciaries forced divestment of company stock proved that defendants breached their ERISA fiduciary duty of procedural prudence, and the ...

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