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Tag Archives: Judge Paul V. Niemeyer

Agency Pesticide Opinion ‘Arbitrary,’ Court Says (access required)

A “biological opinion” issued by the National Marine Fisheries Service to the Environmental Protection Agency is arbitrary and capricious under the Administrative Procedure Act, 5 U.S.C. § 706, and the 4th Circuit reverses summary judgment for the Fisheries Service and ...

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FINRA Arbitration Upheld for Municipal Bond ‘Customer’ (access required)

A Virginia healthcare company is a “customer” of the financial services companies it hired to structure its municipal bond offering, and it entitled to FINRA arbitration of its claims that it was fraudulently induced to issue over $234 million in ...

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‘Prior Conviction’ Ruling Not Retroactive (access required)

The 4th Circuit denies post-conviction relief for a defendant’s 240-month sentence for conspiracy to distribute cocaine, enhanced due to defendant’s prior North Carolina drug conviction; the rule defendant advances from a 2010 U.S. Supreme Court case is not retroactively applicable ...

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