2003 Fourth Circuit U.S. Court of Appeals Case Law

Alan Newsom, a Minor by and Through Fred Newsom, His Parent and Next Friend, Plaintiff-appellant, v. Albemarle County School Board, by and Through Its School Board Members in Their Official Capacity; Charles M. Ward, Albemarle School Board Member, in His Official Capacity; Pam Moynihan, Albemarle School Board Member, in Her Official Capacity; Gordon Walker, Albemarle County School Board Member, in His Official Capacity; Ken C. Boyd, Albemarle School Board Member, in His Official Capacity; Stephen H. Koleszar, Albemarle School Board Member, in His Official Capacity; Diantha H. Mckeel, Albemarle School Board Member, in Her Official Capacity; Gary Grant, Albemarle School Board Member, in His Official Capacity; Betty Pitt, Both in Her Individual Capacity and in Her Official Capacity As Vice Principal of Jack Jouett Middle School; Russell L. Jarrett, in His Official Capacity As Principal of Jack Jouett Middle School; Kevin Castner, in His Official Capacity As Division Superintendent of the Albemarle County Public School System, Defendants-appellees.southern Legal Resource Center, Incorporated; Independence Institute; First Amendment Lawyers Association; Individual Rights Foundation; Richmond American Civil Liberties Union of Virginia; Commonwealth of Virginia, Amici Supporting Appellant.national School Boards Association; Virginia School Boards Association; North Carolina School Boards Association; Maryland School Boards Association; South Carolina School Boards Association, Amici Supporting Appellees
Date: December 1, 2003
Citation: 354 F.3d 249

Mary B. Gunnells; William A. Gunnells; Tele Tech Corporation; Cynthia Mullinax; W & W Truck and Tractor Company, Incorporated; Jerry Freeman; Aaa Transmissions, Incorporated; Pamela B. Robertson; Avionics/seaonics International, Incorporated; James E. Cassleman; Larry Strickland; Brenda Workman; Helen Clark; Bobby F. Buchanan; Joanne Buchanan; Brian Hansen; James E. Wise; John N. Stanley; Daniel L. Driggers; Brenda Vowels; David J. Vowels; Livingston Auto Parts, Incorporated; Philip Livingston; Lukes Cycle Services, Incorporated; Jeff Lucarelli; Hh Moorman & Sons; Harold Moorman; Oakland Club; Mark B. Buxton; Stylon of Charleston; Mary Parker; Terry Hensley; Earl Singletary; Ora Singletary, Individually and As Representatives of All Persons and Entities Similarly Situated, Plaintiffs-appellees, v. Healthplan Services, Incorporated, Individually and As Successor in Interest to Third Party Claims Management, Incorporated; Third Party Claims Management, Incorporated, Defendants-appellants, Andfidelity Group Inc.; International Workers Guild, Incorporated; National Association of Business Owners and Professionals; Iwg Health and Welfare Fund; Fidelity Claims Management, Incorporated; Executive Consultants Insurance Agency; Raymond R. Olivi; John Branham; Steven Broughton; John Collins; Rex Culbertson; Robert Davies; Richard Dextaze; Kenneth Every Andrews; Frankie Fort; Robert German; Gary Geitler; Melissa Geitler; Martin T. Geitler; Michael D. Geitler; George Gradek; Hubert G. Greene; Phillip S. Hodgsen; Earl Isabell; Stephen Lacy; Frederick Malone; David E. Martin; Michael Massey; Henry Merchant; Tina Messinger; Michael R. Requa; Bruce Rowan; Pamela Regopoulus; Bruce Ryals; Barbara A. Scott; Henry K. Skinner, Jr.; Elmer Stone; Kenneth R. Tallmadge; Lee Taylor; 2 Michael Thomas; Scott Todd; Arnold H. Valentine; Richard M. Vann; Lewis H. Wade; David M. White; Herbert L. Williams; Ben L. Wells; Jack E. Wilson, Individually and in His Representative Capacity; Anchor Insurance Agency; Branham and Geitler Associates; Diversified Insurance; Legend Equities Corporation; Financial Benefits, Incorporated; the Taylor Agency Incorporated; Truett and Associates; Colonial Life & Accident Insurance Company, a Unum Company; Dwayne A. Samuels; Eugene O. Duncan; David Spooner; Charles L. Bradley; Terrence E. Rhue; Noel Shaw; Paul D. Askew; Phillip Stashin; Ken Averies, Defendants. 3 Mary B. Gunnells; William A. Gunnells; Cynthia Mullinax; Jerry Freeman; Pamela B. Robertson; James E. Cassleman; Larry Strickland; Brenda Workman; Helen Clark; Bobby F. Buchanan; Joanne Buchanan; Brian Hansen; James E. Wise; John H. Stanley; Daniel L. Driggers; Brenda Vowels; David J. Vowels; Philip Livingston; Jeff Lucarelli; Harold Moorman; Mark B. Buxton; Mary Parker; Terry Hensley; Earl Singletary; Ora Singletary, Individually and As Representatives of All Persons and Entities Similarly Situated; W & W Truck and Tractor Company, Incorporated; Lukes Cycle Services, Incorporated; Aaa Transmissions, Incorporated; Livingston Auto Parts, Incorporated; Hh Moorman & Sons; Tele Tech Company, Incorporated; Avionics Seaonics International, Incorporated; Oakland Club; Stylon of Charleston, Entities Similarly Situated, Plaintiffs-appellees, v. Michael R. Requa; Arnold H. Valentine; Financial Benefits, Incorporated; Lewis H. Wade; Bruce Ryals; George Gradek; Tina Messinger; Kenneth Every Andrews; Raymond R. Olivi; Executive Consultants Insurance Agency; Michael Massey; Anchor Insurance Agency; John Collins, Individually and in Their Representative Capacities, Defendants-appellants, Andfrankie Fort; Fidelity Group Inc.; International Workers Guild, Incorporated; National Association of Business Owners and Professionals; Iwghealth and Welfare Fund; Fidelity Claims Management, Incorporated; John Branham; Steven Broughton; Rex Culbertson; Robert Davies; Richard Dextaze; Robert German; Gary Geitler; Martin T. Geitler; Gary Geitler; Michael D. Geitler; Hubert G. Greene; Phillip S. Hodgsen; Earl Isabell; Stephen Lacy; Frederick Malone; David E. Martin; Henry Merchant; Bruce Rowa
Date: October 30, 2003
Citation: 348 F.3d 417

North Carolina Right to Life, Incorporated; North Carolina Right to Life Political Action Committee; North Carolina Right to Life Committee Fund for Independent Political Expenditures, Plaintiffs-appellees, v. Larry Leake, in His Official Capacity As Chairman of the North Carolina State Board of Elections; Genevieve C. Sims, in Her Official Capacity As Secretary of the State Board of Elections; Robert Cordle, in His Official Capacity As a Member of the State Board of Elections; Lorraine G. Shinn, in Her Official Capacity As a Member of the State Board of Elections; Charles Winfree, in His Official Capacity As a Member of the State Board of Elections; Robert F. Johnson, in His Official Capacity As District Attorney for the North Carolina Prosecutorial District 15a; Roy Cooper, in His Official Capacity As the North Carolina Attorney General, Defendants-appellants.north Carolina Right to Life, Incorporated; North Carolina Right to Life Political Action Committee; North Carolina Right to Life Committee Fund for Independent Political Expenditures, Plaintiffs-appellants, v. Larry Leake, in His Official Capacity As Chairman of the North Carolina State Board of Elections; Genevieve C. Sims, in Her Official Capacity As Secretary of the State Board of Elections; Robert Cordle, in His Official Capacity As a Member of the State Board of Elections; Lorraine G. Shinn, in Her Official Capacity As a Member of the State Board of Elections; Charles Winfree, in His Official Capacity As a Member of the State Board of Elections; Robert F. Johnson, in His Official Capacity As District Attorney for the North Carolina Prosecutorial District 15a; Roy Cooper, in His Official Capacity As the North Carolina Attorney General, Defendants-appellees
Date: September 23, 2003
Citation: 344 F.3d 418

Dennis H. Treacy, Director, Department of Environmental Quality; State Water Control Board, Plaintiffs-appellants, Andunited States of America, Plaintiff, v. Newdunn Associates, Llp; Orion Associates; Northwest Contractors, Defendants-appellees.mary Margaret Whipple, Virginia State Senator; L. Preston Bryant, Virginia State Delegate; Chesapeake Bay Foundation, Incorporated, Amici Supporting Appellants.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 Appellees.united States of America, Plaintiff-appellant, Anddennis H. Treacy, Director, Department of Environmental Quality; State Water Control Board, Plaintiffs, v. Newdunn Associates, Llp; Orion Associates; Northwest Contractors, Defendants-appellees.mary Margaret Whipple, Virginia State Senator; L. Preston Bryant, Virginia State Delegate; Chesapeake Bay Foundation, Incorporated, Amici Supporting Appellant.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 Appellees
Date: September 10, 2003
Citation: 344 F.3d 407

John Rene Rodriguez; Rayshawn Ward, Plaintiffs-appellees, v. Smithfield Packing Company, Incorporated; Daniel M. Priest, Defendants-appellants, Andlasaven Richardson, in His Individual and Official Capacities As a Bladen County Deputy Sheriff; Terry C. Davis, in His Individual and Official Capacities As a Bladen County Deputy Sheriff; Bryson Robinson, in His Individual and Official Capacities As a Bladen County Deputy Sheriff; Gene Lambert, in His Individual and Official Capacities As a Bladen County Deputy Sheriff; Bladen County Sheriff's Department; Peerless Insurance Company; the Insurance Company of North America, Defendants.john Rene Rodriguez; Rayshawn Ward, Plaintiffs-appellants, v. Smithfield Packing Company, Incorporated; Daniel M. Priest, Defendants-appellees, Andlasaven Richardson, in His Individual and Official Capacities As a Bladen County Deputy Sheriff; Terry C. Davis, in His Individual and Official Capacities As a Bladen County Deputy Sheriff; Bryson Robinson, in His Individual and Official Capacities As a Bladen County Deputy Sheriff; Gene Lambert, in His Individual and Official Capacities As a Bladen County Deputy Sheriff; Bladen County Sheriff's Department; Peerless Insurance Company; the Insurance Company of North America, Defendants.john Rene Rodriguez; Rayshawn Ward, Plaintiffs-appellees, v. Daniel M. Priest; Lasaven Richardson, in His Individual and Official Capacities As a Bladen County Deputy Sheriff; Terry C. Davis, in His Individual and Official Capacities As a Bladen County Deputy Sheriff; Bryson Robinson, in His Individual and Official Capacities As a Bladen County Deputy Sheriff; Gene Lambert, in His Individual and Official Capacities As a Bladen County Deputy Sheriff; Bladen County Sheriff's Department, Defendants-appellants,and [pg] Smithfield Packing Company, Incorporated; Peerless Insurance Company Surety; the Insurance Company of North America, Defendants
Date: July 30, 2003
Citation: 338 F.3d 348

In Re: Billy Williams, Movant
Date: May 27, 2003
Citation: 330 F.3d 277

No. 02-1058
Date: May 27, 2003
Citation: 330 F.3d 225

Clint Bolick; Robin B. Heatwole; Dry Comal Creek Vineyards, a Texas Corporation; Hood River Vineyards, an Oregon Sole Proprietorship; Miura Vineyards, a California Limited Liability Company, Plaintiffs-appellees, v. Vernon M. Danielson, Chairman, Virginia Department of Alcoholic Beverage Control; Warren Barry, Commissioner, Virginia Department of Alcoholic Beverage Control; Esther M. Vassar, Commissioner, Virginia Department of Alcoholic Beverage Control, Defendants-appellants, Andvirginia Wine Wholesalers Association, Incorporated, Intervenor/defendant,martha Blevins Brissette, Amicus Curiae,state of Michigan; Wine & Spirits Wholesalers of America, Incorporated; National Association of Beverage Retailers; American Beverage Licensees; National Beer Wholesalers Association; Coalition of Licensed Beverage Associations; Presidents' Forum of the Beverage Alcohol Industry; National Alcohol Beverage Control Association, Incorporated; National Conference of State Liquor Administrators, Amici Curiae in Support of Appellants,virginia Wineries Association; Juanita Swedenburg; David Lucas; the Lucas Winery; Swedenburg Winery; Family Winemakers of California; Coalition for Free Trade, Amici Curiae in Support of Appellees, Andvirginia Vineyards Association, Movant.clint Bolick; Robin B. Heatwole; Dry Comal Creek Vineyards, a Texas Corporation; Hood River Vineyards, an Oregon Sole Proprietorship; Miura Vineyards, a California Limited Liability Company, Plaintiffs-appellees, v. Vernon M. Danielson, Chairman, Virginia Department of Alcoholic Beverage Control; Warren Barry, Commissioner, Virginia Department of Alcoholic Beverage Control; Esther M. Vassar, Commissioner, Virginia Department of Alcoholic Beverage Control, Defendants, Andvirginia Wine Wholesalers Association, Incorporated, Intervenor-appellant,martha Blevins Brissette, Amicus Curiae,state of Michigan; Wine & Spirits Wholesalers of America, Incorporated; National Association of Beverage Retailers; American Beverage Licensees; National Beer Wholesalers Association; Coalition of Licensed Beverage Associations; Presidents' Forum of the Beverage Alcohol Industry; National Alcohol Beverage Control Association, Incorporated; National Conference of State Liquor Administrators; Martha Blevins Brissette; Virginia Wineries Association; Juanita Swedenburg; David Lucas; the Lucas Winery; Swedenburg Winery; Family Winemakers of California; Coalition for Free Trade, Amici Curiae in Support of Appellees, Andvirginia Vineyards Association, Movant
Date: May 23, 2003
Citation: 330 F.3d 274

Plaintiff v. Defendant
Date: February 24, 2003
Citation: 324 F.3d 288

Kentuckians for the Commonwealth, Incorporated, Plaintiff-appellee, v. John Rivenburgh, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District; Robert B. Flowers, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers; Ginger Mullins, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District, Defendants-appellants, Andpocahontas Development Corporation; Horizon Nr, Llc; Kentucky Coal Association, Intervenors/defendants.interstate Mining Compact Commission; National Mining Association; Alabama Coal Association; Coal Operators and Associates, Incorporated; Indiana Coal Council; Ohio Coal Association; Pennsylvania Coal Association; Virginia Coal Association; West Virginia Coal Association; State of Virginia, Amici Curiae.kentuckians for the Commonwealth, Incorporated, Plaintiff-appellee, v. John Rivenburgh, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District; Robert B. Flowers, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers; Ginger Mullins, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District, Defendants.interstate Mining Compact Commission; National Mining Association; Alabama Coal Association; Coal Operators and Associates, Incorporated; Indiana Coal Council; Ohio Coal Association; Pennsylvania Coal Association; Virginia Coal Association; West Virginia Coal Association; State of Virginia, Amici Curiae
Date: January 29, 2003
Citation: 317 F.3d 425