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| Davis v. ECPI College of Tech., L.C., No. 05-2122,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 20, 2007, Decided
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Overview: Preliminary injunction preventing defendant educational institution from proceeding in separate pending arbitrations was reversed because plaintiff students' claim that the collective action waiver provision was unconscionable was asserted as an objection to procedure, not as an objection to arbitration; thus, they had not raised a gateway issue.
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| Kodor Assocs. L.P. v. Rose, No. 06-1896,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 20, 2007, Decided
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Overview: Dismissal of plaintiffs' breach of contract action on statute of limitations grounds was affirmed because a reasonable person could have discovered that a breach had occurred no later than the date plaintiffs terminated their contract with the architect.
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| Morgan v. Barnhart, No. 06-1283,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 20, 2007, Decided
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Overview: Order denying motion for attorney's fees and costs under EAJA was vacated and remanded as district court abused its discretion by not providing an explanation for its conclusion that Commission of Social Security's position was substantially justified, and appellate court could not properly review district court's decision without an explanation.
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| United States v. Allen, No. 05-5037,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 20, 2007, Decided
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Overview: District court did not abuse its discretion in admitting evidence of defendant's prior assaults and prior gun possession under Fed. R. Evid. 404(b) because district court reduced risk of unfair prejudice by explaining proper uses of other crimes evidence at time witness testified about assaults and gun possession and again during jury instructions.
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| United States v. Valerio, No. 06-4005,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 20, 2007, Decided
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Overview: Defendant's sentence was affirmed because defendant failed to rebut the presumption of reasonableness accorded to sentences within the properly calculated advisory guideline range, and the district court was not free to reject the U.S. Sentencing Commission's determination that certain drug amounts warranted a particular base offense level.
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| United States v. Wells, No. 05-4645,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 20, 2007, Decided
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Overview: Evidence was sufficient for a reasonable jury to conclude that defendant manufactured and possessed marijuana with intent to distribute, under 21 U.S.C.S. § 841(a)(1), as officers recovered scales hidden in floor vent and large quantity of marijuana, some of which was packaged separately. Evidence was also sufficient to support firearm conviction.
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