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Monthly Archives: May 2008

Consumers score under Fair Credit Act (access required)

Consumers won big last week in two federal court rulings interpreting the Fair Credit Reporting Act. In one case, the 4th U.S. Circuit Court of Appeals upheld an award of $80,000 in punitive damages under the FCRA even though the ...

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Criminal – Sixth Amendment – Defendant’s Initiative – CJA Plan (access required)

A defendant who initiated conversations with DEA agents cannot suppress his inculpatory statements as a violation of the Sixth Amendment or the Criminal Justice Act and the District of Maryland’s implementation of the Act, which require that eligible criminal defendants ...

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Civil Rights – Free Speech – Landfill Settlement – Standing (access required)

A woman whose husband died in an explosion at a landfill near Ivy, Va., does not have standing to sue the landfill operators for violation of her First Amendment rights on a claim that the landfill operators’ third-party settlement agreements ...

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Criminal – Sixth Amendment – Lawyer Conversation – Immigration Fraud (access required)

Although a lawyer and his law firm already were indicted on charges of immigration fraud, recorded conversations with the lawyer initiated by two government witnesses after the indictment did not violate the lawyer’s Sixth Amendment right to counsel, the 4th ...

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Criminal – Affidavit Challenge – ‘Franks’ Hearing – Substantial Showing (access required)

A defendant facing a weapons charge who said a police officer’s search-warrant affidavit intentionally misled the state judge by omitting from his affidavit facts about the location of the trash the officer searched inside defendant’s fenced backyard, has made the ...

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Insurance – Crop Insurance – Quota Rate – Contract Claim (access required)

In this multi-district class-action litigation brought by peanut farmers who lost their 2002 crops to severe drought, the 4th Circuit vacates summary judgment for the farmers on a breach of contract claim the farmers pursued after they were indemnified for ...

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We think we know which way he’s leaning

An e-mail early this morning from former U.S. Attorney John Brownlee said only that he is having a press conference tomorrow “to announce his decision regarding his potential candidacy for attorney general for the commonwealth of Virginia.” There’s a subtle ...

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Three insurers provide coverage in pickup crash – $1,000,000 Settlement (access required)

On June 1, 2006, the plaintiff was a front seat passenger in a Ford pickup truck driven by a close friend. The friend/host driver attempted to cross a four-lane divided highway and failed to yield the right-of-way, pulling directly into ...

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