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

Debtors May Use ‘Standard’ Amounts for Expenses (access required)

Debtors may take the full National and Local Standard amounts for expenses in their chapter 7 bankruptcy proceeding even though their actual expenses are less than the Standard amounts; the 4th Circuit upholds a bankruptcy court’s refusal to dismiss the ...

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Pre-departure Sentencing Guideline Range Controls (access required)

Joining all other federal appeals courts to consider this issue, the 4th Circuit holds that U.S. Sentencing Guideline Amendment 759 requires a district court at resentencing under Amendment 782 to calculate the “applicable guideline range” without applying any departures or ...

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Court Could Not Hear FINRA Disciplinary Challenge (access required)

A district court did not err in dismissing for lack of subject matter jurisdiction plaintiff financial advisors’ challenge to an ongoing disciplinary proceeding before the Financial Industry Regulatory Authority Inc., for selling unregistered securities in violation of the Securities Act ...

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City Social Media Policy Violated First Amendment (access required)

Reversing a district court, the 4th Cir­cuit says a city violated a police officer’s First Amendment rights when it disci­plined him under a social media policy prohibiting “Negative Comments” for Facebook comments about the dangers of premature promotion of inexperi­enced ...

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Court Upholds SEC Administrative Enforcement (access required)

A district court did not err in dismiss­ing on jurisdictional grounds plaintiff financial services firm’s challenge to the constitutionality of an administrative enforcement proceeding the Securities and Exchange Commission brought against her; the 4th Circuit joins the 2nd, 7th, 11th ...

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Appeal Mooted by Road Funding Loss (access required)

The North Carolina Department of Transportation’s appeal from a judg­ment for two environmental conserva­tion groups who successfully challenged the environmental analysis favoring construction of the Gaston East-West Connector toll road, is moot, as the state legislature has stripped funding for ...

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