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Tag Archives: 4th U.S. Circuit Court of Appeals

Resentencing Ordered for ‘Mandatory’ Guideline Error (access required)

In defendant investment broker’s trial for defrauding clients out of millions of dollars with excessive valuations of stock in EPV Solar Inc., a privately held solar energy company, the district court’s repeated interruptions of counsel and interrogation of both defense ...

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Faulty Prison Weapons Check States Inmate Claim (access required)

In this Federal Tort Claims Act suit filed by an inmate who was beaten and repeatedly stabbed by other inmates in a prison recreation area, the FTCA’s discretionary function exception applies to defendant prison officials’ decision not to separate plaintiff ...

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Investigators Get Overtime Pay, Prejudgment Interest (access required)

Investigators of fraudulent insurance claims are entitled to overtime pay under the Fair Labor Standards Act and New York labor law, and the 4th Circuit upholds summary judgment for plaintiff investigators on their FLSA classification but finds GEICO acted reasonably ...

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Localities Lose Challenge to FCC Wireless Order (access required)

The 4th Circuit rejects petitions for review filed by local governments challenging a Federal Communications Commission order implementing provisions of the Spectrum Act the localities claim violate the 10th Amendment by requiring localities to grant wireless providers’ applications for certain ...

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ALJ Must Reconcile ‘Apparent’ Conflict With VE (access required)

The 4th Circuit reverses denial of disability benefits for a former groundskeeper/factory worker who claims disability from multiple ailments including arthritis, degenerative joint disease and a torn rotator cuff; the administrative law judge failed to resolve an “apparent” conflict between ...

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