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| Dtex LLC v. BBVA Bancomer, S.A., No. 06-1127,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 17, 2007, Decided
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| Retail Indus. Leaders Ass'n v. Fielder, No. 06-1840, No. 06-1901,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 17, 2007, Decided
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Overview: Enforcement of the Fair Share Health Care Fund Act, Md. Code Ann., Lab. & Empl. § 8.5-101 to -107, was enjoined because it was preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C.S. § 1144(a), since it effectively mandated that employers structure their employee health care plans to provide a certain level of benefits.
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| USRP(GANT 1), LLC v. Langston, No. 06-1528,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 17, 2007, Decided
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| United States v. Artis, No. 06-4261,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 17, 2007, Decided
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| United States v. Best, No. 05-4439,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 17, 2007, Decided
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Overview: Defendant's convictions and sentence were affirmed. As 18 U.S.C.S. § 3553(e) entrusted wide discretion to federal prosecutors in deciding whether to make a substantial assistance motion, and no agreement was established that constrained this discretion, the district court did not err in refusing to compel the government to make the motion.
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| United States v. Goodwin, No. 06-7684,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 17, 2007, Decided
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| United States v. McRae, No. 06-4565,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 17, 2007, Decided
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Overview: Mandatory life sentence was properly imposed 21 U.S.C.S. § 841(b)(1)(A) on defendant, who pleaded guilty to conspiracy to possess with intent to distribute cocaine base, because defendant had two prior felony drug convictions, and the government declined to make a substantial assistance motion due to defendant's failure to cooperate and drug use.
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| United States v. Robinson, No. 06-4699,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 17, 2007, Decided
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Overview: Sentence imposed on remand for a guilty plea to possession with intent to distribute more than five grams of crack cocaine and possession of a firearm by a convicted felon was upheld since the variance was reasonable, and the district court considered the parties' sentencing arguments, which focused on the applicable 18 U.S.C.S. § 3553(a) factors.
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| Wilmink v. Kanawha County Bd. of Educ., No. 06-1484,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 17, 2007, Decided
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Overview: Statute of limitations of W. Va. Code § 55-2-12 (2000) for student's Title IX and § 1983 action alleging sexual abuse by teacher was not tolled. Discovery rule applied such that statute of limitations began to run when student knew when she was injured and there was no fraudulent concealment preventing student from knowing of her cause of action.
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