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

Insured Contractor Is ‘Nominal Party’ for Removal (access required)

An insured roofing contractor who settled a suit for defective work for $1 million is a nominal party in a contribution suit between the contractor’s insurance carriers, and applying the nominal party exception to the rule requiring unanimous consent to ...

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Dismissal Sanction Upheld for Discovery Abuse (access required)

A trial court did not abuse its discretion in dismissing a government subcontractor’s suit against the general contractor for alleged unpaid invoices for operations support to develop an Iraqi civilian police force; in light of the subcontractor’s repeated discovery abuses, ...

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No Per Se Child Porn Sentence Enhancement (access required)

Although defendant used a file-sharing program accessible to others with images of child pornography, the district court erred in applying a five-level sentencing enhancement under USSG § 2G2.2(b)(3)(B) for a defendant who had “distributed” child pornography with the “expectation” of ...

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