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Tag Archives: 4th U.S. Circuit Court of Appeals

‘Prior publication’ exclusion does not excuse duty to defend (access required)

Where the pleadings in the underlying suit alleged offensive publications were made during the policy period that differed in substance from those published before commencement of coverage, the “prior publication” exclusion did not obviate insurer’s duty to defend. Background In ...

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Child placement agency not vicariously liable for foster parents’ negligence (access required)

Where a child placement agency did not exercise sufficient control over foster parents to be held vicariously liable for their alleged negligence, the mother of the child placed in home could not sue the agency for wrongful death. Background The ...

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Remote location of defendant’s house necessitated wiretap (access required)

Where agents demonstrated that a wiretap was necessary in light of the defendant’s remote location and the lack of success that traditional investigative methods had against his co-conspirator, the defendant charged with conspiracy could not suppress the evidence. Background Demetrius ...

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Failure to disclose license for trademark was sanctionable (access required)

Where a company licensed the use of a trademark without disclosing that the company itself was under a license to use that mark, and failed to disclose the license at any point during the discovery process, barring the company from ...

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Wire fraud conspiracy defendants not prejudiced by joint trial (access required)

The defendants, who persuaded their elderly victims to transfer money to the defendants based on postured romantic relationships, failed to persuade the court that the district court made errors during their trial that would have changed the outcome. Background The ...

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