Case law

Reed v. Commissioner of Internal Revenue

129 F.2d 908 · Court of Appeals for the Fourth Circuit · Jul 31, 1942

The opinion of the Board of Tax Appeals (hereinafter called the Board), is reported in 45 B.T.A. 1130 . … Under such circumstances an appellate court may not substitute its judgment for that of the Board, Wilmington Trust Company v.

St. Clair v. Director, Office of Workers' Compensation Programs

213 F. App'x 189 · Court of Appeals for the Fourth Circuit · Jan 18, 2007

PER CURIAM: In No. 06-1485, claimant seeks review of the Benefits Review Board’s (“Board”) decision and order affirming the administrative law judge’s (“ALJ”) denial of black lung benefits pursuant to 30 U.S.C. §§ 901-945 … Our review of the record discloses that the Board’s decision is based upon substantial evidence and is without reversible error. Accordingly, we affirm for the reasons stated by the Board. St. Clair v.

Gutierrez de Martinez v. Drug Enforcement Administration

111 F.3d 1148 · Court of Appeals for the Fourth Circuit · Apr 24, 1997

See Brown v. Armstrong, 949 F.2d 1007, 1011-12 (8th Cir.1991) (rejecting plaintiffs claim that a jury trial was required on scope-of-employment question). … v.

Bill Branch Coal Corporation v. Shirley Sparks

213 F.3d 186 · Court of Appeals for the Fourth Circuit · May 22, 2000

See Milburn Colliery Co. v. … Piney Mountain Coal Co. v.

Anheuser-Busch Inc v. NLRB

Court of Appeals for the Fourth Circuit · Aug 1, 2003

 NATIONAL LABOR RELATIONS BOARD,  Petitioner, v. … Busch next contends that the Representation Rule is inconsistent with Board precedent. See Sara Lee Bakery Group, Inc. v.

Mud Lick Mining Corp. v. Hash

566 F. App'x 208 · Court of Appeals for the Fourth Circuit · Apr 11, 2014

We have reviewed the parties’ briefs and the record on appeal and conclude 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. Mud Lick Mining Corp. v. Hash, No. 11-0402 BLA (B.R.B. Mar. 29, 2012).

Michael Guillot v. H. Lawrence Garrett, Iii, in His Official Capacity as Secretary of the Navy United States Navy

970 F.2d 1320 · Court of Appeals for the Fourth Circuit · Jul 23, 1992

In urging this holding, appellant relies upon footnote 19 in School Board v. … See, e.g., Board of Curators v.

Edwards v. City of Goldsboro

178 F.3d 231 · Court of Appeals for the Fourth Circuit · May 14, 1999

(quoting NAACP v. Claiborne Hardware Co., 458 U.S. 886, 913 , 102 S.Ct. 3409 , 73 L.Ed.2d 1215 (1982), and Carey v. Brown, 447 U.S. 455, 467 , 100 S.Ct. 2286 , 65 L.Ed.2d 263 (1980)). … Pembaur, 475 U.S. at 481 ; see also Board of County Com’rs v. Brown, 520 U.S. 397, 405-06 , 117 S.Ct. 1382 , 137 L.Ed.2d 626 (1997)(affirming this reading of Pembaur).

Nelson v. Commissioner

104 F.2d 521 · Court of Appeals for the Fourth Circuit · Jun 12, 1939

The Board answered this question in the negative, which is in accord with decisions of the Circuit Court of Appeals of the First and Second Circuits. Pierce v. Commissioner, 2 Cir., 100 F.2d 397 ; DeMuth v. … Commissioner, 2 Cir., 100 F.2d 1012 ; Sweet v. Commissioner, 1 Cir., 102 F.2d 103 .

Kirby v. City Of Elizabeth City

380 F.3d 777 · Court of Appeals for the Fourth Circuit · Aug 23, 2004

Allison Brown Schafer, North Carolina School Boards Association, Raleigh, North Carolina, for NCSBA. M. … No. 2, 31 F.3d 183, 196 (4th Cir.1994) (affirming determination by the district court that school board ratified unconstitutional termination of teacher when board was aware of the retaliatory reasons for her firing).

United States v. Kenneth A. Wild, (Two Cases). United States of America v. Tyrone E. Greenfield

47 F.3d 669 · Court of Appeals for the Fourth Circuit · Mar 2, 1995

Austin , — U.S. at -, 113 S.Ct. at 2805 (citation and internal quotes omitted); see also Browning-Ferris Indus. v. … Browning-Ferris Indus., 492 U.S. at 265 , 109 S.Ct. at 2915 .

Tolliver v. Eastern Associated Coal Co.

548 F. App'x 894 · Court of Appeals for the Fourth Circuit · Dec 20, 2013

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. … Tolliver v. E. Assoc. Coal Corp., No. 1:12-0376-BLA (B.R.B. Mar. 20, 2013).

Trump v. Eastern Associated Coal Corp.

599 F. App'x 117 · Court of Appeals for the Fourth Circuit · Apr 10, 2015

PER CURIAM: Janice Faye Trump, on behalf of deceased former miner Jesse Willard Trump, seeks review of the Benefits Review Board’s decision and order affirming the administrative law judge’s denial of living miner benefits … 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. Trump v.

Edwards v. City of Goldsboro

178 F.3d 231 · Court of Appeals for the Fourth Circuit · May 14, 1999

Indeed, we have recognized "[t]he right to associate in order to express one's views is 'inseparable' from the right to speak freely" Cromer v. Brown, 88 F.3d 1315, 1331 (4th Cir.1996) (quoting Thomas v. … Pembaur, 475 U.S. at 481 ; see also Board of County Com'rs v. Brown, 520 U.S. 397, 405-06 , 117 S.Ct. 1382 , 137 L.Ed.2d 626 (1997)(affirming this reading of Pembaur ).

Treacy v. Newdunn Associates, LLP

344 F.3d 407 · Court of Appeals for the Fourth Circuit · Sep 10, 2003

TREACY, Director, Department of Environmental Quality; STATE WATER CONTROL BOARD, Plaintiffs, v. … TREACY v.

Rowan Cotton Mills Co. v. Commissioner

140 F.2d 277 · Court of Appeals for the Fourth Circuit · Jan 10, 1944

Old Colony Trust Co. v. Commissioner, 279 U.S. 716, 727 , 49 S.Ct. 499 , 73 L.Ed. 918 ; Commissioner v. Wilson, 10 Cir., 60 F.2d 501 . … Thus in Bankers’ Reserve Life Co. v.

Valley Camp Coal Co. v. Hill

537 F. App'x 253 · Court of Appeals for the Fourth Circuit · Aug 8, 2013

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. … Valley Camp Coal Co. v. Hill, No. 12-0112-BLA (B.R.B. Nov. 26, 2012).

Gollie v. Elkay Mining Co.

92 F. App'x 52 · Court of Appeals for the Fourth Circuit · Apr 8, 2004

PER CURIAM: Mildred Gollie seeks review of the Benefits Review Board’s decision and order affirming the administrative law judge’s denial of black lung benefits pursuant to 30 U.S.C. §§ 901-45 (2000). … Our review of the record discloses that the Board’s decision is based upon substantial evidence and is without reversible error. Accordingly, we affirm on the reasoning of the Board. See Gollie v.

Mbodo v. Gonzales

176 F. App'x 352 · Court of Appeals for the Fourth Circuit · Apr 10, 2006

PER CURIAM: Rachel Jean Laurence Mbodo, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals (“Board”) denying her motion to reconsider its prior order, which adopted and … We have reviewed the record and the Board’s order and find that the Board did not abuse its discretion in denying the motion to reconsider. See 8 C.F.R. § 1003.2 (a) (2005); Jean v.

Xactware Solutions, Inc. v. Buildxact Software Limited

95 F.4th 810 · Court of Appeals for the Fourth Circuit · Mar 13, 2024

(the Appeal Board). … See Kappos v. Hyatt, 566 U.S. 431, 433–34 (2012). The Federal Rules of Civil Procedure and Evidence—not Appeal Board internal rules—govern the proceedings.