Case law

Elmer Davis, Jr. v. State of North Carolina

310 F.2d 904 · Court of Appeals for the Fourth Circuit · Nov 7, 1962

The granting of a hearing is within the .discretion of the District Court, Brown v. … Brown v. Allen, 344 U.S. 443, 506 , 73 S.Ct. 397 , 97 L.Ed. 469 . . Brown v. Allen, 344 U.S. 443 , 73 S.Ct. 397 , 97 L.Ed. 469 . . Spano v. New York, 360 U.S. 315 , 79 S.Ct. 1202 , 3 L.Ed.2d 1265 ; Gallegos v.

Fields v. Durham

856 F.2d 655 · Court of Appeals for the Fourth Circuit · Sep 13, 1988

II. 6 In Parratt v. … Similarly, in Yates v.

Triplett v. Brotherhood of Railway, Airline & Steamship Clerks, Freight Handlers, Express & Station Employees, Local Lodge No. 308

763 F.2d 625 · Court of Appeals for the Fourth Circuit · Jun 4, 1985

As the Third Circuit reasoned in Sisco v. … Barnett v. United Airlines, Inc., 738 F.2d 358, 363-64 (10th Cir.1984); Welyczko v. U.S. Air, Inc., 733 F.2d 239, 240 (2d Cir.), cert. denied, U.S.-, 105 S.Ct. 512 , 83 L.Ed.2d 402 (1984); Sisco v.

Caldwell v. Perry & Hylton, Inc.

204 F. App'x 299 · Court of Appeals for the Fourth Circuit · Oct 31, 2006

Caldwell 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. §§ 901-945 (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 for the reasons stated by the Board. Caldwell v.

Hess Mechanical Corp v. NLRB

Court of Appeals for the Fourth Circuit · Apr 21, 1997

Cooter & Gell v. Hartmarx Corp. , 496 U.S. 384, 398 (1990). … It certainly can- not meet the higher standard imposed by Pierce v.

Dennis H. Treacy, Director, Department of Environmental Quality State Water Control Board, and United States of America v. Newdunn Associates, LLP Orion Associates Northwest Contractors, Mary Margaret Whipple, Virginia State Senator L. Preston Bryant, Virginia State Delegate Chesapeake Bay Foundation, Incorporated, Amici Supporting National Association of Realtors the National Association of Home Builders Nfib Legal Foundation National Association of Industrial and Office Properties National Multi Housing Council National Apartment Association Real Estate Roundtable Building Industry Legal Defense Foundation Foundation for Environmental and Economic Progress International Council of Shopping Centers, Amici Supporting United States of America, and Dennis H. Treacy, Director, Department of Environmental Quality State Water Control Board v. Newdunn Associates, LLP Orion Associates Northwest Contractors, Mary Margaret Whipple, Virginia State Senator L. Preston Bryant, Virginia State Delegate Chesapeake Bay Foundation, Incorporated, Amici Supporting National Association of Realtors the National Association of Home Builders Nfib Legal Foundation National Association of Industrial and Office Properties National Multi Housing Council National Apartment Association Real Estate Roundtable Building Industry Legal Defense Foundation Foundation for Environmental and Economic Progress International Council of Shopping Centers, Amici Supporting

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-Appellants, and United States of America, Plaintiff, v. … Cook County ("SWANCC") v.

Hughes v. Clinchfield Coal Co.

223 F. App'x 239 · Court of Appeals for the Fourth Circuit · Apr 5, 2007

PER CURIAM: Clara Sue Hughes 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. §§ 901-945 (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 for the reasons stated by the Board. Hughes v.

Jacob Doe v. The University of North Carolina System

133 F.4th 305 · Court of Appeals for the Fourth Circuit · Apr 4, 2025

; BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA; LEE H. … He sued UNC-CH, the UNC system, the UNC-CH Board of Trustees, the UNC Board of Governors, and eight university employees: UNC Chancellor Lee H.

Skidmore v. Director, Office of Workers' Compensation Programs

181 F. App'x 383 · Court of Appeals for the Fourth Circuit · May 22, 2006

Skidmore 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. §§ 901-945 (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 Skidmore v.

Crosby v. Holsinger

816 F.2d 162 · Court of Appeals for the Fourth Circuit · Apr 21, 1987

Adams v. … See Augustus v. School Board, 507 F.2d 152, 155-56 (5th Cir.1975); Banks v. Muncie Community Schools, 433 F.2d 292, 298 (7th Cir.1970).

Ollye Reynolds v. Fairfax County School Board

985 F.2d 553 · Court of Appeals for the Fourth Circuit · Jan 27, 1993

Ollye REYNOLDS, Plaintiff-Appellant, v. FAIRFAX COUNTY SCHOOL BOARD, Defendant-Appellee. No. 92-1066. United States Court of Appeals, Fourth Circuit. … Board of Regents v. Roth, 408 U.S. 564, 577 (1972); Perry v. Sindermann, 408 U.S. 593, 599-603 (1972). 12 Reynolds provided no such evidence before the district court.

Baxter Healthcare Corporation v. National Labor Relations Board, National Labor Relations Board v. Baxter Healthcare Corporation

21 F.3d 421 · Court of Appeals for the Fourth Circuit · Mar 11, 1994

BAXTER HEALTHCARE CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BAXTER HEALTHCARE CORPORATION, Respondent. Nos. 93-1589, 93-1755. … .' " NLRB v.

Sea "B" Mining Co. v. Director, Office of Worker's Compensation Programs

45 F.3d 851 · Court of Appeals for the Fourth Circuit · Jan 26, 1995

The coal mine operators petition this court to review the Board’s decision. III Our review of subject matter jurisdiction is plenary. See Tazco, Inc. v. Director, OWCP, 895 F.2d 949 , 950-51 (4th Cir.1990). … Recently, the Seventh Circuit in Peabody Coal Co. v.

Morriss v. United States Department of Labor

276 F. App'x 277 · Court of Appeals for the Fourth Circuit · May 2, 2008

PER CURIAM: Cliff Morriss seeks review of the Administrative Review Board’s decision and order dismissing his complaint of retaliatory discharge filed pursuant to 42 U.S.C. § 7622 (2000). … 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 the reasons stated by the Board. Morriss v.

Elliott v. Leavitt

105 F.3d 174 · Court of Appeals for the Fourth Circuit · Jan 24, 1997

This testimony may be discounted only if one assumes either that Leavitt spontaneously put on a masterful theatrical performance to deceive Sergeant Brown or that Sergeant Brown also participated in the “coverup.” … In contrast, the dissent's extensive quotation of Sergeant Brown's testimony is beside the point.

Lincoln v. Reksten Management

354 F.3d 262 · Court of Appeals for the Fourth Circuit · Dec 29, 2003

Similarly, in Spence v. … In Car- 10 LINCOLN v. REKSTEN MANAGEMENT penter v.

United States v. Chandler

36 F.3d 358 · Court of Appeals for the Fourth Circuit · Sep 27, 1994

-Grant Co. v. … Brown, from the pool, Chandler’s counsel objected on Batson grounds. See Batson v.

Pickens County v. National Surety Co.

13 F.2d 758 · Court of Appeals for the Fourth Circuit · Jun 15, 1926

Co. v. Robinson (C. C. A. 6th) 245 F. 556 , 158 C. C. A. 22 ; Jeffrey Mfg. Co. v. Central Coal & Iron Co. (C. C.) 93 F. 408 . … Atlantic Trust Co. v. Laurinburg, supra; National Surety Co. v. Lincoln County, supra; American Bonding Co. v. U. S. to Use of Francini, supra.

In re: Alphonza Thomas, III

Court of Appeals for the Fourth Circuit · Feb 22, 2023

He also requests that we review an order from the Inmate Grievance Resolution Board. Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Cheney v. U.S. Dist. … Murphy-Brown, 907 F.3d at 795 (cleaned up). This court does not have jurisdiction to grant mandamus relief against state officials. Gurley v.

Travelers Indemnity Co. v. Neal

176 F.2d 380 · Court of Appeals for the Fourth Circuit · Jul 27, 1949

In Sordelett v. … To the same effect are Phoenix Indemnity Co. v. Anderson, 170 Va. 406 , 196 S.E. 629 ; Jordan v. Shelby Mut. Plate Glass etc. Co., 4 Cir., 142 F.2d 52 ; Frederiksen v. Employers’ Liability Assur.