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Monthly Archives: May 2010

Identity theft rules fall under radar as deadline approaches (access required)

Many small businesses have delayed implementing the identity theft “red flag” rules despite the approaching June 1 deadline – not because they don’t know about them, but because there have been so many extensions to the deadline that companies have ...

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Social Security – Disability Benefits – New Medical Reports (access required)

Because the Appeals Council considered four additional medical reports submitted by claimant after the ALJ denied benefits, including psychiatric reports not previously submitted, the Big Stone Gap U.S. District Court says the ALJ’s decision is not based on substantial evidence ...

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Civil Rights – Theft Arrests – Probable Cause (access required)

Acknowledging “skepticism” in the 4th Circuit as to whether the right to avoid malicious prosecution is a “clearly established” constitutional right, a magistrate judge for the Big Stone Gap U.S. District Court recommends dismissal of plaintiff’s § 1983 suit alleging ...

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Civil Procedure – Diversity – Nondiverse Defendant – Involuntary Dismissal (access required)

A Harrisonburg U.S. District Court determines sua sponte that it lacks diversity jurisdiction in this fraud and contract case against a tanning salon franchiser because a federal court cannot exercise jurisdiction over a case that becomes removable due to the ...

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Criminal – Acquittal – Hung Jury – Health Care Fraud – Collateral Estoppel (access required)

A defendant charged with a scheme in which her employer, an ambulance company, fraudulently billed for transporting dialysis patients who were ambulatory can be retried for health care fraud in violation of 18 U.S.C. § 1347, after a jury acquitted ...

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Criminal – Sentence Reduction – Plea – Specific Performance (access required)

Although defendant contends his extra assistance to the government warrants an additional motion under Fed. R. Crim. P. 35(b) for a further sentence reduction, a Harrisonburg U.S. District Court says defendant violated the terms of his plea agreement by appealing ...

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Civil Rights – Jail Inmate – Prescription Narcotic Pain Medication (access required)

Although plaintiff had a prescription for Percocet for recent shoulder surgery when he was sentenced to jail time, he has not demonstrated defendant jail officials were deliberately indifferent to his serious medical need when they denied him narcotic pain medication, ...

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Bankruptcy – Abusive Filing – Means Testing – Interlocutory Appeal (access required)

A Roanoke U.S. District Court cannot review a bankruptcy court’s order that the means testing for abusive filings does not apply to petitions filed as Chapter 13 and converted to Chapter 7; because the order is interlocutory, the appeal is ...

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