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| AboveNet Communs., Inc. v. 1807 Faraday Court Ltd. P'ship, No. 05-1398,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 20, 2006, Decided
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Overview: Plaintiff was entitled to a return of a restoration escrow payment where, under lease agreement, defendant's retention of the escrow was conditioned upon its need to rebuild the mezzanine level of its commercial office building, and plaintiff's purchase of the building obviated the need for defendant to perform any restorations of the mezzanine.
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| Alvey v. Ball Corp., No. 05-1191,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 20, 2006, Decided
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Overview: State law claims of invasion of privacy and intentional/negligent infliction of emotional distress were dismissed because they were preempted by 29 U.S.C.S. § 185(a); whether or not the employer engaged in wrongful conduct by searching employees' lockers as part of a drug investigation implicated provisions of a collective bargaining agreement.
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| Baqir v. Principi, No. 04-2369,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 20, 2006, Decided
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Overview: VA doctor's Title VII, 42 U.S.C.S. § 2000e-16, and ADEA, 29 U.S.C.S. § 633a, illegal discharge claims failed, as a matter of law, for lack of evidence that the doctor was performing his job duties as an interventional cardiologist at a level that met the VA's legitimate expectations.
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| In re Andrews, No. 05-7326,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 20, 2006, Decided
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| Jeter v. McFadden, No. 05-7388,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 20, 2006, Decided
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| United States v. Hawkins, No. 05-7237,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 20, 2006, Decided
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| United States v. Owens, No. 04-7832,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 20, 2006, Decided
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| United States v. Williams, No. 03-4422,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 20, 2006, Decided
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Overview: Defendant's sentence was affirmed. As defendant waited more than three years after he was sentenced to seek modification of his state convictions, he failed to exercise due diligence as required by the newly-discovered evidence exception to mandate rule, so district court properly adhered to appellate court's mandate in imposing a sentence.
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| Walls v. Avpro, Inc., No. 05-1574,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 20, 2006, Decided
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