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Daily Archives: July 7, 2010

Contract – False Claims Act – Security Contractor – Overbilling (access required)

Two former Blackwater employees have stated claims for defendant’s alleged violation of the False Claims Act in a contract to provide security in Louisiana after Hurricane Katrina with allegations that defendants, including six named Blackwater managers, overstated legitimate expenses on ...

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Civil Procedure – Relief From Judgment – Search & Seizure – E-Mail Interception (access required)

A former colonel in the North Carolina Army National Guard cannot sue former military colleagues for Fourth Amendment violations for allegedly wrongfully intercepting, reading and forwarding the colonel’s e-mails while he was deployed in Iraq; the 4th Circuit says the ...

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Criminal – Cocaine Conspiracy – Post-Conviction Relief – Ineffective Assistance – Informant Instruction (access required)

At defendant’s trial for cocaine distribution, defendant’s lawyer was constitutionally ineffective in failing to request an informant instruction, and the 4th Circuit vacates defendant’s conviction and sentence. Defendant argues this court should follow several circuits in holding that jury instruction ...

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Criminal – Sentencing Enhancements – Felon In Possession (access required)

The 4th Circuit affirms defendant’s 96-month sentence for firearm possession by a convicted felon, with three enhancements under USSG §§ 2K2.1(b)(6), 5K2.3 and 5K2.7 relating to defendant’s conduct of taking a loaded firearm inside a backpack into a probation officer’s ...

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Contract – Arbitration – ‘Reasoned Award’ (access required)

The 4th Circuit upholds a $14.9 million arbitration award to the city of Greensboro in its contractual dispute with a contractor over construction of a wastewater treatment plant, despite the contractor’s complaint that the three-member arbitration panel failed to provide ...

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Immigration – Status Adjustment – Labor Certification – Substitute (access required)

Petitioners, an Israeli husband and wife, are denied review of a decision by the Board of Immigration Appeals pretermitting consideration of their applications for adjustment of immigration status under § 245(i) of the Immigration and Nationality Act; the 4th Circuit ...

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Creditor’s Rights – Promissory Note – Receiver Suit – Jurisdiction (access required)

A receiver appointed pursuant to an FTC enforcement action against a fraudulent debt counseling scheme wins summary judgment in its action to recover receivership property, payment on a promissory note, from a business associate who borrowed $1.34 for a restaurant ...

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Pennsylvania judges rescind newspaper purge orders

Date: 7/6/2010 9:06 PM Judges order 2 Pa. newspapers to delete stories STATE COLLEGE, Pa. (AP) Two newspapers want a state judge to overturn an order requiring them to delete archived stories and other information about two defendants, cases that ...

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