Frontier-Kemper Constructors, Inc. v. Director
In this civil case, Frontier-Kemper appealed from a decision of the United States Department of Labor Benefits Review Board, which held Plaintiff was responsible for paying benefits to a coal miner under the Black Lung Benefits Act. Frontier-Kemper disputed its liability for the claim, but the Court concluded Frontier-Kemper was liable for payment. The main question was whether Frontier-Kemper was defined as an “operator” under the relevant statute, as only operators can be liable for black lung benefits claims. The Court concluded it was an “operator” for the purposes of this case and, therefore, affirmed.
This case pertained to a petition for review of an Order of Removal by the Department of Homeland Security. Nardea, a citizen of Argentina, was removed without receiving a hearing after entering the United States under the Visa Waiver Program and waiving his right to contest removal. He challenged his waiver status and the constitutionality of any waiver under the program. After considering the Visa Waiver Program and the facts surrounding Nardea’s entry, the Court determined that the evidence supported the conclusion that he waived his right to contest removal. Further, because Nardea could not show prejudice, he could not succeed on a procedural due process claim. Thus, his petition for review was denied.
Westmoreland Coal Co. v. Stallard
In this petition for review, Westmoreland Coal Company challeneged a final agency decision by the U.S. Department of Labor Benefits Review Board that awarded Stallard federal disability benefits under the Black Lung Benefits Act. The Court denied Westmoreland’s petition for review holding that there was substantial evidence to support the award of benefits and that the award accords with applicable law.
Penley v. McDowell County Board of Education
In this civil case, former McDowell County educator Penley appealed the District Court’s summary judgment and dismissal of his claim against the McDowell County Board of Education. The Fourth Circuit, finding no issue of material fact, affirmed the District Court’s summary judgment and held that Penley did not provide more than a speculation that the investigation into his behavior and recommendation of dismissal were in retaliation of his previous political speech. Summary judgment was affirmed for McDowell County.
