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Author Archives: Deborah Elkins

Consumer Protection – FDCPA – ‘Misleading’ Statements (access required)

A lawyer’s initial letter to debtor’s husband asserting the husband signed a note securing a deed of trust on property purchased by debtor, and threatening legal action for husband’s default, states a claim for violation of the Fair Debt Collection ...

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Immigration – Permanent Resident Application – APA Appeal (access required)

The 4th Circuit upholds a district court’s decision that it lacked jurisdiction to hear a Korean national’s appeal under the Administrative Procedure Act challenging the validity of 8 C.F.R. § 245.10(j), which allows “grandfathered” aliens to file for an adjustment ...

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Criminal – Aggravated Identity Theft – Health Care Fraud (access required)

The 4th Circuit rejects this appeal from a defendant convicted of aggravated identity theft and health care fraud for his role in operation of a medical transport business that received funds for transport of Medicaid patients. Defendant argues the government ...

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Bankruptcy – Preferential Transfers – ‘New Value’  (access required)

The 4th Circuit upholds a district court order affirming a bankruptcy court judgment that allowed the bankruptcy trustee to avoid and recover certain payments made to United Rentals Inc. by debtor Partitions Plus of Wilmington Inc., during the 90 days ...

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Civil Procedure – Amendment – New Defendant – Defamation (access required)

A district court abused its discretion when it denied plaintiff’s motion to amend his defamation complaint to add a defendant, as plaintiff had not yet amended as of right and defendant had not filed a responsive pleading; the 4th Circuit ...

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Civil Procedure – Jurisdiction – Preemption – Md. Law – Credit Services (access required)

In this suit by H&R Block to prevent Maryland state regulators from enforcing Maryland’s Credit Services Businesses Act against Block, the 4th Circuit says the district court erred by not analyzing, as the first step in its preemption analysis, whether ...

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Criminal – Habeas Corpus – Double Jeopardy – Abduction & Robbery (access required)

The 4th Circuit can accept that defendant raised a federal double jeopardy claim by citing a state court case based on federal law, but it nevertheless upholds denial of federal habeas relief on defendant’s claim that his separate punishments for ...

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Criminal – Tax Evasion – Sentencing – Home Detention (access required)

The 4th Circuit vacates a sentence of probation – with international travel privileges – for a tax evader who continued to travel and failed to make any restitution until shortly before sentencing; the district court erred by ignoring Sentencing Commission ...

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