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Tag Archives: Judge Allyson K. Duncan

SSA Claim Remanded for ‘Special Technique’ Reg (access required)

On a matter of first impression in this circuit, the 4th Circuit holds that an administrative law judge’s failure to follow the “special technique” required while evaluating a claimant’s mental impairment may constitute harmless error; however, it was not harmless ...

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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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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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