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   Federal Courts - 4th Circuit Court of Appeals - March 7, 2006

  
Archibald v. Tidewater Cmty. College, No. 05-1894, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2006, Decided
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Carpenter v. Carroll, No. 05-1800, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2006, Decided
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Overview: Ex-wife did not have standing to bring a suit under ERISA where she was not a fiduciary, beneficiary, or participant in any ERISA plans, under 29 U.S.C.S. § 1132(a)(1)-(3). Ex-wife could not have standing as beneficiary because her ex-husband, the only plan participant through whom ex-wife could claim beneficiary status, was not deceased.

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Chawla v. Transamerica Occidental Life Ins. Co., No. 05-1160, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2006, Decided
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Overview: Insurance company was properly granted summary judgment on a breach of insurance contract claim because the company was entitled to rescind the policy at issue because of misrepresentations in the life insurance applications (the insured did not disclose, among other things, a meningioma surgery, a shunt surgery, or three hospitalizations).

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Graham v. Ray, No. 05-7019, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2006, Decided
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Overview: Certificate of appealability was denied, under 28 U.S.C.S. § 2253(c), and prisoner's appeal from order denying relief under 28 U.S.C.S. § 2254 was dismissed where prisoner failed to show that reasonable jurists would have found that district court's assessment of constitutional claims and any dispositive procedural rulings were debatable or wrong.

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Kamga v. Gonzales, No. 05-1674, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2006, Decided
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Milligan v. W&M Props., No. 05-2062, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2006, Decided
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Nagy v. Rogers, No. 05-7899, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2006, Decided
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Pence v. Tenneco Auto. Operating Co., No. 05-1582, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2006, Decided
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Overview: Summary judgment was properly granted in favor of defendant employer on plaintiff's ADA claims because the employer's belief that plaintiff had made a death threat against co-workers was a permissible nondiscriminatory reason for his termination, even if the employer believed that a mental condition had caused plaintiff to make the threat.

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Seid v. Gonzales, No. 05-1795, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2006, Decided
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United States v. Jefferson, No. 05-4280, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2006, Decided
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