Case law

Consolidation Coal Co. v. Gilbert

561 F. App'x 257 · Court of Appeals for the Fourth Circuit · Mar 19, 2014

Our review of the parties’ briefs and the record on appeal discloses that the Board’s decision is based upon substantial evidence and is without reversible error. … Accordingly, we deny the petition for review for the reasons stated by the Board. Consolidation Coal Co. v. Gilbert, No. 12-0427-BLA (B.R.B. May 30, 2013).

Bell v. Myers

332 F. App'x 837 · Court of Appeals for the Fourth Circuit · Oct 6, 2009

. § 1292 (2006); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 , 69 S.Ct. 1221 , 93 L.Ed. 1528 (1949).

Borden, Inc. v. Bakery & Confectionery Union & Industry International Pension

974 F.2d 528 · Court of Appeals for the Fourth Circuit · Sep 4, 1992

Co. v. … See United States v.

Mohammed v. Holder

424 F. App'x 215 · Court of Appeals for the Fourth Circuit · Apr 19, 2011

Brown, DUANE MORRIS LLP, Philadelphia, Pennsylvania, for Petitioner. Tony West, Assistant Attorney General, Douglas E. Ginsburg, Assistant Director, Katherine A. … Anim v. Mukasey, 535 F.3d 243, 256 (4th Cir. 2008); Rusu v. INS, 296 F.3d 316, 320- 22, 324 (4th Cir. 2002).

Stapleton v. Westmoreland Coal Co.

785 F.2d 424 · Court of Appeals for the Fourth Circuit · Feb 26, 1986

United States Department of Labor Benefits Review Board, 733 F.2d 346 (4th Cir.1984), and Hampton v. United States Department of Labor Benefits Review Board, 678 F.2d 506 (4th. Cir.1982) (per curiam), are overruled. … See, e.g., Whicker v. U.S. Dept. of Labor Benefits Review Board, 733 F.2d 346 (4th Cir.1984), Consolidation Coal Co. v. Sanati, 713 F.2d 480 (4th Cir.1983), and Hampton v. U.S.

Baltimore Mail S. S. Co. v. United States

76 F.2d 582 · Court of Appeals for the Fourth Circuit · Apr 2, 1935

, as certified by the Secretary of the Treasury to the board upon its request. … Alabama v. United States, 282 U. S. 502 , 51 S. Ct. 225 , 75 L. Ed. 492 ; Sutton v. United States, 256 U. S. 575 , 41 S. Ct. 563 , 65 L. Ed. 1099 , 19 A. L. R. 403; Baltimore & Ohio R. R. Co. v. United States, 261 U.

John W. Hancock, Jr., Inc. v. National Labor Relations Board

73 F. App'x 617 · Court of Appeals for the Fourth Circuit · Sep 3, 2003

The General Counsel of the National Labor Relations Board (the Board) charged Hancock (i) with violating § 8(a)(1) of the NLRA  JOHN W. HANCOCK v. … We "may [not] displace the Board’s choice between two fairly conflicting views." Universal Camera Corp. v. NLRB, 340 U.S. 474, 488 (1951).

Pleasant View Elementary School PTA v. Group 1

763 F.2d 652 · Court of Appeals for the Fourth Circuit · Jun 6, 1985

Railroad Retirement Board v. Fritz, 449 U.S. 166, 174-75 , 101 S.Ct. 453, 459-60 , 66 L.Ed.2d 368 (1980); San Antonio Independent School District v. … United Mine Workers of America v. Gibbs, 383 U.S. 715, 726 , 86 S.Ct. 1130, 1139 , 16 L.Ed.2d 218 ; Sigmon v. Poe, 564 F.2d 1093, 1096 (4th Cir.1977). In this case the district court did not abuse that discretion.

Coalition for TJ v. Fairfax County School Board

Court of Appeals for the Fourth Circuit · Mar 31, 2022

Stay factors I agree the Board is entitled to a stay pending appeal under the traditional Nken standard. See Nken v. Holder, 556 U.S. 418, 434 (2009). … See Fisher v.

Interstate Petroleum Corp. v. Morgan

228 F.3d 331 · Court of Appeals for the Fourth Circuit · Sep 8, 2000

Co. v. … Under Franchise Tax Board v.

Terri-Ann Ramtulla v. John Ashcroft, Attorney General U.S. Immigration & Naturalization Service

301 F.3d 202 · Court of Appeals for the Fourth Circuit · Aug 22, 2002

The Board of Immigration Appeals upheld the IJ. Ramtulla petitions this court for review of the Board’s decision. II. We conclude that we lack jurisdiction to review the question on direct review. … Calcano-Martinez v. INS, 533 U.S. 348, 350, n. 2 , 121 S.Ct. 2268 , 150 L.Ed.2d 392 (2001); Lewis v.

North Carolina Coastal Fisheries Reform Group v. Capt. Gaston LLC

76 F.4th 291 · Court of Appeals for the Fourth Circuit · Aug 7, 2023

Ct. at 2608 (quoting FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 159–60 (2000). … Ct. at 2612–13; Brown & Williamson, 529 U.S. at 144; Train v. Colorado Pub. Interest Rsch. Grp., Inc., 426 U.S. 1, 23–25 (1976).

Black Diamond Construction, Inc. v. Hayton

554 F. App'x 143 · Court of Appeals for the Fourth Circuit · Feb 6, 2014

Our review of the record discloses that the Board’s decision is based upon substantial evidence and is without reversible error. Accordingly, we deny the petition for review for the reasons stated by the Board. … Black Diamond Constr., Inc. v. Hayton, No. 12-0341-BLA (B.R.B. Apr. 30, 2013).

WV Highlands Consrv v. Norton

Court of Appeals for the Fourth Circuit · Sep 3, 2003

See Haydo v. … HIGHLANDS CONSERVANCY v. NORTON case was on appeal to the Board, OSM admitted that it had not done its job.

Wellmore Coal Corporation v. James R. Stiltner Director, Office of Workers' Compensation Programs, United States Department of Labor

81 F.3d 490 · Court of Appeals for the Fourth Circuit · Apr 18, 1996

We find (as did the Board) that the ALJ’s decision to award benefits is supported by substantial evidence and is in accordance with law, see Jewell Smokeless Coal Corp. v. … Generally speaking, the Board’s interpretation of regulations is not entitled to deference. Id.; Bethlehem Mines Corp. v. Massey, 736 F.2d 120 , 123 n. 1 (4th Cir.1984). But cf. Fleetwood v.

Nial Ruth Cox v. A. M. Stanton, M.D.

529 F.2d 47 · Court of Appeals for the Fourth Circuit · Oct 6, 1975

The director of the Washington County Welfare Agency then allegedly petitioned the Eugenics Board to order Miss Cox’s sterilization. According to the complaint, this board authorized Dr. A. M. … See also Bivens v. Six Unknown Named Agents, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971); Singleton v. Vance County Board of Education, supra, (Winter, J., concurring and dissenting); Dahl v.

Inez Sales v. Grant

224 F.3d 293 · Court of Appeals for the Fourth Circuit · Aug 16, 2000

MILLER, Plaintiffs-Appellees, v. ALPHONSO L. GRANT, in his individual capacity and in his official capacity as a member of the City of Lynchburg Electoral Board; JOHN E. … Industries v.

Donmar Enterprises, Incorporated v. Southern National Bank of North Carolina, and Southern International Corporation

64 F.3d 944 · Court of Appeals for the Fourth Circuit · Sep 13, 1995

V. … See Banque Worms v. BankAmerica Int'l, 77 N.Y.2d 362 , 568 N.Y.S.2d 541 , 570 N.E.2d 189, 195 (N.Y.1991). 8 . See CSX Transp. v.

Cypress v. Newport News General & Nonsectarian Hospital Ass'n

375 F.2d 648 · Court of Appeals for the Fourth Circuit · Mar 9, 1967

See Anderson v. … Eaton v. Grubbs, 329 F.2d 710 (4th Cir. 1964). . Deposition of Mr. Charles K. Hutchens, Chairman of the Board of Managers since 1952 and member of the Board for over twenty years. But see Part IV infra. .

Herman Fulton v. James Brown, Captain Lacy Thornburg

865 F.2d 1257 · Court of Appeals for the Fourth Circuit · Jan 6, 1989

Herman FULTON, Petitioner-Appellant, v. James BROWN, Captain; Lacy Thornburg, Respondents-Appellees. No. 88-6749. United States Court of Appeals, Fourth Circuit. Submitted: Nov. 29, 1988. Decided: Jan. 6, 1989. … Hill v. Lockhart, 474 U.S. 52, 59 (1985); Strickland v.