Tag Archives: Judge Albert Diaz

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 ...

Read More »

HHS abortion rule enjoined (access required)

A rule promulgated by the Department of Health and Human Services, prohibiting physicians and other providers in Title X programs from referring patients for an abortion and imposing other requirements on entities receiving Title X funds, was enjoined. HHS inadequately ...

Read More »

Suspicionless stop of defendant not excused by exigent circumstances (access required)

A majority of the en banc court refused to allow the suspicionless stop of the defendant following a report of “shots fired.” The stop was not justified by exigent circumstances and thus was not reasonable under the Fourth Amendment. Background ...

Read More »

Alleged error in jury instruction was harmless (access required)

Although a company argued it was improperly held liable for the conduct of an alleged employee because of a faulty jury instruction, the alleged error was harmless. There was “extensive evidence,” independent of the alleged faulty instruction, showing the company ...

Read More »

No speedy trial violation despite six-year delay between charge and plea (access required)

A defendant charged with federal illegal reentry from Mexico pleaded guilty to a crime committed during his prior presence in the U.S. The guilty plea waived his right to assert that a six-year delay between the charge and his plea ...

Read More »

Ban on viewing sexually arousing materials is part of treatment plan (access required)

A condition of supervised release that requires a total ban on defendant’s viewing of any materials that sexually arouse him, including mainstream media like movies or advertisements, did not run afoul of 18 U.S.C. § 3583(d) because it was meant ...

Read More »