On Aug. 2, 1993, the 4th U.S. Circuit Court of Appeals vacated its June 11, 1993 opinion in Wilson v....
Read More »REHEARING GRANTED (306784)
Tort/Negligence – FTCA – Limitations – Jurisdiction 
Where plaintiff, more than two years prior to filing his administrative tort claim against the feder....
Read More »Criminal – Indictment – Firearms In Home – Civil Rights Restoration 
Although defendant earlier was convicted under North Carolina law for manslaughter, his civil rights....
Read More »Civil Practice – Jurisdiction – Foreign Parent Corporation – Third-Tier Sub – Conducting Business 
Although a foreign parent corporation has a third-tier subsidiary which conducts business in the for....
Read More »Administrative – Social Security – Res Judicata – Reopening Prior Claims 
Although claimant argues that the administrative law judge “constructively” reopened his....
Read More »Administrative – Black Lung Benefits – Standing – Miner's Ex-Wife 
Where petitioner, who was divorced from the miner whose black lung claim had been denied two months ....
Read More »Civil Rights – Privileges & Immunities – Commercial Fishermen – Nonresident Licenses 
Where the Commonwealth of Virginia established a “special nonresident harvester’s licens....
Read More »Labor & Employment – Rehabilitation Act – Alcoholic FBI Agent – Misconduct On Job 
Although plaintiff FBI agent had been alcoholic for years, and had received assistance and referrals....
Read More »Civil Practice – Rule 60(b) – Default Judgment – Meritorious Defense 
Where the estate of the judgment debtor is attempting to have a default judgment set aside under Rul....
Read More »Tort/Negligence – Railroad Employee – Boiler Inspection Act – Loose Metal Object 
Where plaintiff, a locomotive engineer, slipped on a loose metal object in the cab of his train, and....
Read More »Criminal – Indictment – Grand Jury Testimony 
Although defendant claims the entire indictment of him on multiple cocaine distribution charges must....
Read More »Administrative – Longshore & Harbor Workers' Act – Disability Benefits – Back Injury – False Records 
Where the shipyard offered claimant a lighter duty job issuing tools after he injured his back on th....
Read More »Administrative – Black Lung Benefits – Comparable & Gainful Employment – Mine Electrician – Mine Inspector 
Where the administrative law judge concluded that claimant’s later employment as a federal min....
Read More »Labor & Employment – Collective Bargaining – Official Time – Sexual Harassment 
Where the Federal Labor Relations Authority declared that two provisions of the Immigration & Na....
Read More »Insurance – Employee Health Benefits – Bone Marrow Transplant 
Although the insurance company, Blue Cross & Blue Shield, relied on an amendment to its health c....
Read More »Civil Practice – Civil Rights – Political Firing – Claim Preclusion – Administrative Award 
Where plaintiff, who alleged he had been fired from his job as an engineer for the North Carolina De....
Read More »Criminal – Sentencing – Upward Departure – Use Of Handgun – Aggravated Assault 
Where the district court refused to apply a particular cross reference in the U.S. Sentencing Guidel....
Read More »Civil Practice – Partial Judgment – Rule 54(b) – Negligent Nondisclosure – Environmental Waste 
Where plaintiff buyer alleged seller failed to disclose the existence of creosote, an environmental ....
Read More »Criminal – Cocaine Quantity – Reasonably Foreseeable 
Where the district court, in sentencing defendants for drug charges under 21 U.S.C. § 841, fail....
Read More »Criminal – Sentencing – Enhancement – Predicate Offenses – Violent Felonies 
Although defendant contends that neither his prior conviction for attempted burglary nor his convict....
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