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Tag Archives: Judge Paul V. Niemeyer

Social Security – Disability Benefits – Claim Denial – Concentration, Persistence or Pace (access required)

Contrary to plaintiff’s argument, the administrative law judge recognized plaintiff’s overall moderate difficulties with concentration, persistence, or pace; however, evidence from plaintiff’s doctors supported the ALJ’s finding that he would nonetheless be able to stay on task while performing “simple ...

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Eighth Amendment – Jury Instructions – Intentional Actions (access required)

In this case involving a prisoner who was attacked and injured by another inmate, the district court instructed the jury, “Deliberate indifference is established only if the defendants . . . had actual knowledge of a substantial risk that Anderson ...

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Possession of a Firearm by a Felon – Sentencing Level – Common Law Robbery (access required)

U.S. v. Gattis (VLW No. 017-2-207, 22 pp.) (Niemeyer, J.) 16-4663; Dec. 4, 2017; USDC at Raleigh, N.C. 4th Cir. Holding: Although the North Carolina offense of common law robbery does not qualify as a “violent felony” under the force ...

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Boilermaker Had Colorable Contractor Immunity Defense (access required)

A boiler manufacturer’s claim that it had government-contractor immunity from a lawsuit filed by the family of a shipyard worker who died of mesothelioma sufficiently alleges a colorable federal defense; the 4th Circuit vacates the district court order remanding the ...

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‘Willful Blindness’ Instruction OK’d for Stolen Goods (access required)

At defendant’s trial on charges arising from his participation in an illegal operation fencing over-the-counter medications and health and beauty products stolen by drug addicts and resold through a warehouse operation, the 4th Circuit upholds the trial court’s decision to ...

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