 | Daily Opinion Summaries
U.S. 4th Circuit Court of Appeals |  | | April 13, 2011 FindLaw.com Daily Opinion Summaries Newsletter |
Table of Contents LATEST SUMMARIES Administrative Law, Government Benefits, Health Law, Probate, Trusts & Estates
• Schafer v. Astrue
Corporation & Enterprise Law, Civil Procedure, Contracts
• Central W. Virginia Energy Co., Inc. v. Mountain State Carbon, LLC
Sentencing, Criminal Law & Procedure
• US v. Buchanan
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LATEST SUMMARIES Administrative Law, Government Benefits, Health Law, Probate, Trusts & Estates
Schafer v. Astrue, No. 10-1500
In a dispute involving the scope of the Social Security Act (the Act), 42 U.S.C. section 402(d) et seq., judgment of the district court is affirmed because under the Act, a natural children, with certain exceptions, must be able to inherit from the decedent under state intestacy law, such that a child conceived in vitro and born after the death of his biological after was not eligible for survivorship benefits. Read more... Corporation & Enterprise Law, Civil Procedure, Contracts
Central W. Virginia Energy Co., Inc. v. Mountain State Carbon, LLC, No. 10-1486
In a dispute over the scope of federal diversity jurisdiction as applied to corporations and involving an action for breach of contract, dismissal by district court on the ground that adverse parties were not diverse, is reversed where seven of eight officers of defendant substantially operated from a single forum making the forum the principal place of business of defendant such that dismissal was erroneous under the U.S. Supreme Court decision in Hertz Corp. v. Friend, 130 S. Ct. 1181, 1186 (2010). Read more...
Sentencing, Criminal Law & Procedure
US v. Buchanan, No. 09-4834
Conviction and sentencing of defendant for absconding while on supervised release is upheld where defendant was charged before the scheduled expiration of his supervised release term because district court properly held that supervised release term was tolled while defendant was a fugitive. Read more...
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