Quantcast
Home / 2009 / February (page 9)

Monthly Archives: February 2009

Taxation – IRS Investigation – Third-Party Summons (access required)

An Alexandria U.S. District Court dismisses a pro se petitioner’s motion to quash a third-party summons issued by the Internal Revenue Service in order to examine petitioner’s financial records with a credit card vendor, Capital One Services. The IRS acknowledges ...

Read More »

Consumer Protection – Real Estate Loan – Interest Rate – Fraud (access required)

A home buyer who claims the mortgage broker’s agent fraudulently misrepresented to her the interest rates and amount of monthly payments on two loans to purchase a home has waited beyond the two-year statute of limitations on her claims of ...

Read More »

Insurance – UIM Coverage – Med-Pay Offset – S.C. Law (access required)

A district court correctly interpreted South Carolina law to allow an auto liability carrier to offset payments of underinsured motorist benefits by amounts paid for medical benefits, and the 4th Circuit affirms summary judgment for defendant Allstate Insurance Company in ...

Read More »

Contract – Government Contract – False Claims Act – Medical Billing (access required)

The 4th Circuit affirms a district court’s dismissal of a physician’s suit under the False Claims Act, 31 U.S.C. § 3430(e)(4), alleging another physician fraudulent billed Medicaid, Medicare and private insurers for unnecessary biopsies during colonoscopies, complaints the district court ...

Read More »

Environmental – Surface Coal Mining – Stream Fill Permits (access required)

In this challenge by plaintiff environmental groups to the U.S. Army Corps of Engineers’ issuance of four permits allowing filling of West Virginia stream waters in conjunction with area surface coal mining operations, the 4th Circuit reverses and vacates the ...

Read More »

Immigration – Asylum – Panel Referral (access required)

The 4th Circuit upholds a decision by the Board of Immigration Appeals denying asylum and withholding of removal to a Salvadorian native who fled to the United States to escape harassment and extortion by local gang members. An immigration judge ...

Read More »

Bankruptcy – Fraudulent Conveyance – Energy Company – ‘Swap Agreements’ (access required)

On interlocutory appeal by three customers of a bankrupt natural gas distributor, the 4th Circuit reverses a bankruptcy court order that the trustee could avoid the customers’ contract with debtor distributor, and remands the case for further evaluation under the ...

Read More »