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Tag Archives: Judge G. Steven Agee

‘Cold Hit’ DNA Search Upheld for Good Faith (access required)

Police did not violate defendant’s rights when they collected his bloodstained clothing from a hospital four years earlier during investigation of defendant as a gunshot victim and his arrest on marijuana charges, but subsequent testing of the bloodstain for defendant’s ...

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No ERISA Claim for Pension Plan’s Retirement Age (access required)

The 4th Circuit affirms dismissal of a class-action suit by bank employees who claim defendant Bank of America employed a “normal retirement age” that violated ERISA in calculating lump sum distributions, and violated ERISA in the calculation of benefit accrual. ...

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Debtor with Split Custody Must Refigure ‘Household’ (access required)

It’s not just “heads on the beds” that count when a bankruptcy court is trying to determine “household” size for a Chapter 13 debtor in a “blended” household that includes children and step-children who are part-time residents, but the “economic ...

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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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