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Opinion Digests

$2.1 million recovered under avoidable transfer theory (access required)

A subcontractor that provided equipment, and received over $2.1 million in exchange, lost its attempt to keep those funds after the court agreed the money was paid as an avoidable transfer. Background Clark Construction Group LLC subcontracted work on a ...

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‘Deliberative process’ privilege rejected (access required)

In a lawsuit challenging policies governing servicemembers living with the human immunodeficiency virus, the court held the plaintiffs were entitled to the vast majority of documents withheld by the government on the basis of a “deliberative process” privilege because, among ...

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Drug conspiracy conviction survives post-trial motion (access required)

An individual’s post-trial attack on his conviction for conspiring to distribute cocaine failed when the court held the government satisfied its discovery obligations. Background In October 2015, Arnulfo Fagot-Maximo and five co-conspirators were charged in a single count indictment with ...

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U.S. can’t be sued for detention and removal of U.S. citizen (access required)

The U.S. could not be sued for the unlawful detention and removal of an El Salvadoran native who obtained derivative U.S. citizenship when his father became a naturalized citizen in 1995 because the decisions by immigration officials to investigate, detain ...

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No fraud liability for failure to report identity theft by third party (access required)

Where an independent insurance agent sold insurance policies under a contract with an insurance company and unknown third parties used the agent’s license to process applications with the insurance company, ultimately leading to financial losses for the agent, the agent ...

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Clinic not liable for its private police’s seizure of employee (access required)

A janitor at mental health clinic who was seized by the clinic’s private police department at his residence, interrogated and allegedly coerced into confessing to lighting matches at the clinic could only pursue a 42 U.S.C. § 1983 claim against the ...

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Employee fired for dishonesty did not have discrimination claim (access required)

Where a lesbian employee was fired by the same person who had hired her approximately eight months earlier, and the person who fired her had ample reason to believe that she had been dishonest in the course of her employment, ...

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