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   Federal Courts - 4th Circuit Court of Appeals - January 19, 2006

  
Choice Hotels Int'l, Inc. v. Sonora Sun Mgmt. L.L.P., No. 05-1009, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 19, 2006, Decided
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Overview: District court's denial of franchisees' motion to open, modify, or vacate a judgment in favor of a franchisor, which was based on a confession of judgment in a franchise agreement, was affirmed because the franchisees failed to present sufficient evidence showing that they had a meritorious defense to the confession of judgment.

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Formica v. Prudential Ins. Co. of Am., No. 04-2243, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 19, 2006, Decided
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Overview: Grant of summary judgment to an insurer in an employee's ERISA action was affirmed where the district court correctly reviewed the insurer's decision to deny the employee long-term disability benefits for reasonableness, and there was no error in the district court's conclusion that the insurer had reasonably interpreted the terms of the plan.

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Jacksonville Airport, Inc. v. Michkeldel Inc., No. 05-1242, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 19, 2006, Decided
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Overview: In a debtor's Chapter 11 bankruptcy proceeding, a creditor was properly denied the right to vote on the confirmation of the debtor's plan where the creditor had no right to vote on the plan, pursuant to 11 U.S.C.S. § 1126(a), because the creditor's claim was not deemed allowed under 11 U.S.C.S. § 502(a) due to the debtor's objection to the claim.

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Miles v. Angelone, No. 05-6879, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 19, 2006, Decided
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Overview: Petitioner's motion for certificate of appealability, under 28 U.S.C.S. § 2253(c)(1), was denied where he failed to demonstrate that reasonable jurists would have found both that district court's assessment of his constitutional claims was debatable or wrong and that any dispositive procedural rulings by district court were also debatable or wrong.

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Negri v. Northwestern Mut. Life Ins. Co., No. 05-1828, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 19, 2006, Decided
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Overview: Dismissal of employee's breach of contract and fraudulent inducement claims was affirmed where employee failed to state a claim for breach of contract because no contract other than a letter was before court and employee had not alleged any breach of that letter, and employee could not have shown that he reasonably relied upon a misrepresentation.

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Plemons v. Gale, No. 05-1947, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 19, 2006, Decided
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Overview: Although tax lien purchaser did not search public records when notices sent to owner of right to redeem property were returned as undeliverable, search would have been futile, as owner's address was not in public records. Thus, purchaser was entitled to summary judgment in owner's suit to set aside deed to property obtained through state tax-sale.

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Sekeon v. Gonzales, No. 05-1688, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 19, 2006, Decided
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United States v. Foster, No. 04-4385, No. 04-4550, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 19, 2006, Decided
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Overview: District court properly denied defendant's motion to suppress statements regarding handgun in car because police officer's comment--that he couldn't believe that defendant did not have a gun--was not reasonably likely to elicit incriminating response; thus, defendant was not under interrogation or its functional equivalent when he made statements.

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United States v. Jeter, No. 04-7623, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 19, 2006, Decided
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Overview: Defendant's Sixth Amendment rights were not infringed by his sentence and the district court did not commit plain error in sentencing defendant to a 135 month term of imprisonment where the sentence imposed by the district court fell well below the sentencing range authorized by the facts to which defendant admitted.

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United States v. Spence, No. 04-5073, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 19, 2006, Decided
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