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Home / 2007 / July (page 13)

Monthly Archives: July 2007

Bankruptcy – Potential Tort Claimant – 'Known Creditor' – Notice (access required)

Where a wrongful death claimant from an auto accident was known to debtor as a potential claimant, the potential p.i. plaintiff was a “known creditor” who was entitled to specific notice of debtor’s bankruptcy proceeding and applicable filing dates; we ...

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Civil Procedure – Jurisdiction – Anti- Injunction Act (access required)

In appellant consumer’s continued attempt to litigate appellee BellSouth Communications’ alleged collection of an excess fee from consumers to cover BellSouth’s federally required Universal Service Fund contribution, the district court did not err in enjoining appellant’s pursuit of her state ...

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Civil Procedure – Settlement Agreement – IRS Breach – Damages (access required)

Although the IRS conceded that it breached a settlement agreement with its former employee, she is not entitled to money damages and attorney’s fees as relief for the breach, and the 4th Circuit affirms the district court judgment for the ...

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Civil Rights – Excessive Force – Pursuit Of Motorcycle (access required)

A police officer did not violate a motorcyclist’s Fourth Amendment right against unlawful seizure by pursuing him for eight miles, ending in a collision that killed the motorcyclist, after observing the motorcyclist crossing double-yellow lines on curves on a country ...

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Civil Rights – First Amendment – Billboard Regulation – Standing (access required)

Although the district court erred in holding that plaintiff media company did not have standing to mount any challenge to a city ordinance regulating billboards, plaintiff company had standing to challenge the city’s failure to act on the company’s application, ...

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Civil Rights – Taking – Video Gaming Machines – S.C. Law (access required)

A district court did not err in granting summary judgment to defendants, the State of South Carolina and certain state officials, in this action by Warren P. Holliday and Holliday Amusement Co. seeking just compensation for an alleged regulatory taking. ...

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Criminal – Fifth Amendment Protection – Suspect's Location (access required)

A defendant in this drug conspiracy prosecution was not coerced into being a witness against himself when he was forced into revealing to police the whereabouts of a man wanted for murder, who in turn implicated defendant in a drug ...

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Criminal – Habeas Corpus – Ineffective Assistance – Notice Of Appeal (access required)

The 4th Circuit holds that an attorney renders constitutionally ineffective assistance of counsel if he fails to follow his client’s unequivocal instruction to file a timely notice of appeal even though the defendant may have waived his right to challenge ...

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Criminal – Sentencing Enhancement – Rape – Physical Restraint Factor (access required)

An enhanced sentence is affirmed for a defendant who pleaded guilty to aggravated sexual abuse after he raped a woman, and assisted another man in raping her, on a U.S. naval base, despite defendant’s claim that his sentence should not ...

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