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

Level of deference afforded to FCC rule to be determined (access required)

Where the parties in a dispute over whether a fax was an unsolicited advertisement never briefed what level of deference should be afforded a 2006 FCC rule interpreting what constitutes an “advertisement” under the Telephone Consumer Protection Act, the case ...

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Fire battalion chiefs not entitled to overtime (access required)

Where fire battalion chiefs argued they were covered by a “first responder regulation,” which required they be paid overtime, because their primary duty was management and not front line firefighting, the first responder regulation was inapplicable. A review of their ...

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Illegal reentry extends to venue where defendant is ‘found’ (access required)

Because illegal reentry is a continuing crime, a violation may be prosecuted where the defendant enters or attempts to enter the United States as well as at any place that he is present until found. Because the defendant was “found” ...

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