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| Davani v. Va. DOT, No. 05-1432,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 17, 2006, Decided
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Overview: District court's dismissal of employee's federal complaint, under Fed. R. Civ. P. 12(b)(1), was in error where, while employee raised similar claims before a state court, Rooker-Feldman doctrine did not apply because employee's suit did not challenge state court's decision, and it instead sought redress for an injury allegedly caused by defendants.
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| Knox v. United States DOL, No. 04-2486,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 17, 2006, Decided
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Overview: A federal employee's whistle-blower complaint under 42 U.S.C.S. § 7622 against his federal employer was improperly dismissed by the U.S. Department of Labor's Administrative Review Board (ARB) where the ARB's application of the standard for proving the employee's engagement in a protected activity under 42 U.S.C.S. § 7622(a) was improper.
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| Pierre v. Gonzales, No. 05-1527,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 17, 2006, Decided
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| United States v. Dobbs, No. 04-5128,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 17, 2006, Decided
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Overview: Defendant's sentence for possession with intent to distribute 50 grams or more of cocaine base in violation of 21 U.S.C.S. § 841(a)(1) was affirmed because, although enhancements were error under the Sixth Amendment, there was no violation because he sentence was within the guidelines range without the enhancements.
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