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Opinion Digests

Failure to investigate corporate citizenship not sanctionable (access required)

Where a defendant’s in-house counsel told the plaintiff that they were not planning to object to the federal court’s subject matter jurisdiction and their outside counsel later discovered that the defendant’s corporate citizenship negated the complete diversity of the parties, ...

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Denial of asylum to domestic abuse victim was arbitrary and capricious (access required)

The Board of Immigration Appeals acted arbitrarily and capriciously when it upheld the decision of an immigration judge denying asylum to a victim of domestic violence whose uncontroverted testimony established that the police in her home country frequently ignored her ...

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Reporter could not sue AG for illegal surveillance (access required)

Reporter’s complaint against individual agents of the Department of Justice and the United States Postal Service who allegedly engaged in illegal surveillance activities against her and her family were dismissed because the individual agents had still not been identified more ...

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Amazon was not a ‘seller’ of allegedly defective product (access required)

Although the allegedly defective product was shipped to Amazon’s warehouse before being shipped to the customer, because title to the product was never transferred to Amazon, and all other evidence indicated another party remained the seller, Amazon could not be ...

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Nursing home fined for failing to facilitate dental surgery (access required)

A nursing home violated the quality of care regulation governing Medicaid providers when it failed to provide a medical clearance for approximately eight months so that one of its residents could undergo a necessary tooth extraction surgery. Background The West ...

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Debt may be dischargeable under collateral estoppel (access required)

A debtor might be able to discharge a $20 million plus judgment through a Chapter 7 bankruptcy. The district court found the debt nondischargeable under principles of collateral estoppel, reasoning that, because the debtor was found liable for misappropriating trade ...

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‘Fugitive tolling doctrine’ extended term of supervised release (access required)

The expiration of the defendant’s period of supervised release did not mean the district court lacked jurisdiction to sentence him for violating an element of that release because the supervised release term was tolled during the period when the defendant ...

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