Quantcast
Home (page 1027)

Author Archives: Deborah Elkins

Insurance -Policy Coverage – Cancer Treatment – S.C. Statutory Change (access required)

Where plaintiff cancer patients won their earlier class action suit demanding defendant insurance carriers pay as “actual charges” of treatment the full amount billed, not the amount received, by medical providers, defendant insurance carriers cannot take advantage of a new ...

Read More »

Criminal – Tax Fraud – Sentence – Loss Calculation (access required)

In sentencing defendant for tax and wire fraud, a district court erred in calculating the tax loss from a non-random sample of audited returns, but the error was harmless and the 4th Circuit affirms defendant tax preparer’s conviction and his ...

Read More »

Consumer Protection – TILA – Mortgage Loan Rescission – Deposit Refund (access required)

Homeowners who changed their mind about refinancing lose their Truth-in-Lending claim against a lender who deducted credit report and appraisal costs from their $500 deposit; the 4th Circuit says the right to rescind under 15 U.S.C. § 1635(a) is available ...

Read More »

Contract – Repudiation – Election Of Remedies – W.Va. Law (access required)

A party’s repudiation of a contract that prompted the other party to sue and request specific performance does not preclude the non-repudiating party from claiming monetary damages under West Virginia law, and the 4th Circuit reverses a district court’s decision ...

Read More »

Civil Procedure – Removal – Timely Notice – Multiple Defendants (access required)

The 4th Circuit repudiates the “McKinney” rule as drawn from dicta in a 1992 case, and joins other federal circuit courts to adopt the “last-served” rule which gives each defendant, after service, 30 days to file a notice of removal ...

Read More »

Employment Discrimination – Title VII – Successor Defendant – Virginia Sheriff (access required)

A Virginia sheriff may be an independent constitutional sheriff, but a successor sheriff has to face a successful Title VII sexual harassment claim filed against her predecessor, the 4th Circuit says. Lespia King, a former deputy in the sheriff’s office ...

Read More »

Don’t talk, tweet, post or click

Would it have made any difference at Baltimore Mayor Sheila Dixon’s trial? Any difference, that is, if the court had had the benefit of proposed model jury instructions just out for federal judges that explicitly tell jurors to stay off ...

Read More »