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Tag Archives: Judge Albert Diaz

Organization awarded fees after challenging ordinance (access required)

Where an antiabortion organization challenged a Charlotte picketing ordinance, and the city then agreed to a consent order that allowed the organization to distribute literature outside an abortion clinic, the organization was entitled to recover its attorney’s fees as a ...

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Compliance with FMLA notice requirement disputed (access required)

Where a company argued that an employee’s Family and Medical Leave Act, or FMLA, claim failed because the statute required him to use the company’s “usual and customary notice and procedural requirements for requesting leave,” and he used Facebook Messenger ...

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Sentencing court can consider restrictions on sex offenders’ internet use (access required)

Where the sentencing court denied a defendant’s motion to modify eight of his supervised-released conditions because he provided no basis for modification, but two of the conditions, involving restrictions on a sex offender’s internet use, were altered by subsequent Supreme ...

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State secrets privilege bars suit over NSA surveillance (access required)

Where the discovery procedures of the Foreign Intelligence Surveillance Act, or FISA, didn’t apply to Wikimedia’s suit against the National Security Agency, or NSA, alleging the agency is spying on Wikimedia’s communications through its Upstream surveillance program, the suit was ...

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Carrier’s info to injured man not misrepresentation (access required)

Where an insurance carrier told an injured party that a certain person was “responsible” for the accident, that wasn’t an affirmative misrepresentation because that person held the insurance policy responding to the accident. Where the injured party could have ascertained ...

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