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| Elm Grove Coal Co. v. Dir., OWCP, No. 05-1108,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2007, Decided
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Overview: Evidence-Limiting Rules (Rules) governing adjudication of miners' claims under Black Lung Benefits Act were validly based on permissible construction of the Act; however, ALJ misapplied Rules by improperly excluding coal company's rebuttal evidence to miner's claim under Act, as company was entitled to present certain rebuttal evidence under Rules.
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| Gayle v. Johnson, No. 06-7805,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2007, Decided
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| Grethen v. Johnson, No. 06-7630,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2007, Decided
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| Jarmuth v. Waters, No. 06-1908,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2007, Decided
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| McKenzie v. Universal Mar. Servs., No. 05-2309,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2007, Decided
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Overview: ALJ improperly denied employee benefits under LHWCA after the employee fell at work and suffered a subdural hematoma where testimony of doctor relied on by ALJ indicated only that hematoma was spontaneous or resulted from employee's use of blood thinners; however, such speculation was insufficient to rebut presumption that hematoma was job-related.
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| Mettle v. CSX Transp., Inc., No. 06-1671,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2007, Decided
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Overview: In action alleging violations of FELA, grant of summary judgment to railroad was affirmed as employee failed to offer any evidence showing that conditions at track were unsafe, and employee failed to put forth evidence explaining that railroad had a duty to remove mud and slivers from tracks for safety reasons and failed in exercising such a duty.
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| Moore v. Pyliaris, No. 06-1526,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2007, Decided
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| Travelers Indem. Co. v. Miller Bldg. Corp., No. 05-2235,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2007, Decided
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Overview: Because an insured's alleged failure to properly construct an owner's hotel did not fall within the definition of property damage in a commercial general liability policy issued by an insurer, the policy covered damage to property that was separate from the hotel if the occurrence of damage was not subjectively foreseeable to the insured.
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| United States v. Bordeaux, No. 06-4677,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2007, Decided
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Overview: The imposition of the statutory maximum prison sentence upon revocation of supervised release was reasonable because it was based on defendant's extensive criminal history, the brief period between defendant's release and subsequent arrest, and the fact that an upward departure had been imposed with respect to the underlying bank fraud conviction.
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