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   Federal Courts - 4th Circuit Court of Appeals - March 1, 2006

  
Adkins v. Coventry Health Care, Inc., No. 05-1713, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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Overview: Summary judgment against former employee in her Title VII action was affirmed. Although evaluations of her work, particularly during rise to executive position, were generally positive, it was undisputed they referenced poor leadership and management skills, which became increasingly significant as she assumed supervisory responsibilities.

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Bazie v. Gonzales, No. 05-1820, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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Overview: Denial of alien's request for withholding of removal was upheld where the alien failed to make the requisite showing before the immigration court in order to have qualified for withholding of removal. Because the alien failed to raise his CAT claim before the BIA, the court had no jurisdiction to consider this claim under 8 U.S.C.S. § 1252(d)(1).

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Benston v. Evans, No. 05-1972, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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Garris v. United States Parole Comm'n, No. 05-7318, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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Gary v. Freightliner LLC, No. 05-1545, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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Harvell v. Pinion, No. 05-7297, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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Payne v. Brake, No. 04-2348, No. 04-2356, No. 04-2357, No. 04-2424, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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Overview: Plaintiff's removed claims were properly dismissed without prejudice under Fed. R. Civ. P. 41(b) because the district court reasonably believed that dismissal with prejudice would effectively deny on statute of limitations grounds any claim the plaintiff might refile, despite a state court ruling which gave the plaintiff six months to refile.

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Potter v. Nationwide Mut. Auto. Ins. Co., No. 05-1474, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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Sawicki v. Morgan State Univ., No. 05-1891, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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Takoulo v. Gonzales, No. 05-1835, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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Overview: Alien's petition for review was denied where, as to determination that he failed to establish his eligibility for asylum, alien failed to show that evidence compelled a contrary result, and, because alien failed to show that he was eligible for asylum, he could not have met higher standard for withholding of removal under 8 U.S.C.S. § 1231(b)(3).

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