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

Broker Must Arbitrate Investors’ Claim (access required)

Although a financial advisor who allegedly operated Ponzi schemes had changed brokers before plaintiff investors filed their FINRA arbitration claim, the current broker must arbitrate the claim because the advisor was an “associated person,” the 4th Circuit says. Appellant Waterford ...

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Advocacy Group Loses Election Law Challenge (access required)

Appellant, a Virginia nonprofit group called “The Real Truth About Abortion Inc.,” loses its constitutional challenge to a regulation of the Federal Election Commission that appellant says is unconstitutionally vague with regard to whether “Real Truth” has to make disclosures ...

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Church-Service Robbery Justified Religious Comments (access required)

Although the trial judge at defendants’ trial for armed robbery of Sunday worship services at a North Carolina church made references to religion, those references did not violate defendants’ right to due process, as defendants’ choice to target a church ...

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‘Absolute Priority’ Rule Applies After BAPCPA (access required)

In this first-impression decision for federal appellate courts, the 4th Circuit says the “absolute priority rule” still applies to individual debtors in possession proceeding under chapter 11, after the 2005 amendments to the bankruptcy code. The absolute priority rule comes ...

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