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   Federal Courts - 4th Circuit Court of Appeals - March 3, 2006

  
Epperson v. Fahey, No. 05-7652, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 3, 2006, Decided
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Giddens v. Johnson, No. 05-7612, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 3, 2006, Decided
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Hargett v. Forsyth County Sheriff's Dep't, No. 05-7603, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 3, 2006, Decided
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Moore v. Buncombe County, No. 05-7611, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 3, 2006, Decided
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Norfolk Dredging Co. v. Wiley, No. 05-1331, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 3, 2006, Decided
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Overview: Order dissolving injunction in maritime civil suit was affirmed because the claimant, an injured seaman, did not waive his right to move to dissolve federal court's injunction by filing motions for affirmative relief and by pursuing discovery in response to vessel owner's suit under the Limitation of Liability Act, 46 U.S.C.S. app. § 181 et seq.

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Osborne v. Murphy, No. 05-7623, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 3, 2006, Decided
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Scottsdale Ins. Co. v. Nat'l Ctr. on Insts. & Alternatives, Inc., No. 05-1731, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 3, 2006, Decided
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Overview: Where, based on its settlement of an administrative action, an insured knew it could be liable for the injuries a client sustained during a choking incident, under Maryland law, as a matter of law, a claims-made insurance policy the insured later obtained was void ab initio because the insured failed to disclose the choking incident to the insurer.

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United States v. Anderson, No. 05-7601, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 3, 2006, Decided
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United States v. Charley, No. 04-4245, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 3, 2006, Decided
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Overview: A district court did not commit clear error in applying the firearm enhancement, under U.S. Sentencing Guidelines Manual § 2D1.1, to defendant where it was undisputed that (1) defendant distributed cocaine base from her residence, and (2) in executing a search warrant, police recovered a firearm from defendant's residence.

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United States v. Fisher, No. 03-4259, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 3, 2006, Decided
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Overview: Defendant's case was remanded for resentencing where defendant's 235-month sentence on each count met the standard for plain error that had to be recognized because, if not for the amount of crack cocaine, a fact found by the district court, defendant's offense level would have resulted in a guidelines range of 15 to 21 months on each count.

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