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Tag Archives: Judge J. Harvie Wilkinson III

Investors Not ‘Customers’ for FINRA Arbitration (access required)

Investors who purchased allegedly fraudulent securities directly from a business on the recommendation of a lawyer who was working with a broker for a financial services company were not “customers” of the company entitled to FINRA arbitration; the 4th Circuit ...

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No Intervention in AG’s Defense of Abortion Statute (access required)

In this suit challenging the constitutionality of the North Carolina “Woman’s Right to Know Act,” which requires certain informed consent procedures prior to performance of an abortion, the federal district court did not err in denying a motion to intervene ...

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Defendant’s Absence at Discovery Hearing Not Plain Error (access required)

On plain error review, the 4th Circuit holds that a district court did not err in holding a hearing not attended by defendant on defense counsel’s motion in limine to exclude prosecution expert witnesses identified only two days before trial. ...

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Employer Can’t Pull Back ERISA Contributions (access required)

In this dispute over employer U.S. Foodservice Inc.’s alleged overpayment of contributions to employee health and pension funds under the parties’ Collective Bargaining Agreements, the 4th Circuit says the plan administrator did not abuse its discretion in refusing to reimburse ...

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