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Tag Archives: Judge Albert Diaz

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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County must pay winning party’s attorneys’ fees (access required)

Where Montgomery County transferred a blind employee to her requested customer service position at a countywide call center after a jury found its failure to do so amounted to discrimination, she was entitled to recover reasonable attorneys’ fees, costs and ...

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Counsel’s mitigating factors presentation sinks claim (access required)

Where counsel presented substantial mitigating evidence about the defendant’s neglectful and violent childhood and his significant brain damage, including the opinions of four experts about the effects of brain damage on his behavior, the defendant sentenced to death for rape ...

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Antitrust violation calls for unwinding of doorskin merger (access required)

After a jury determined the merger of two manufacturers in the American doorskin market violated the Clayton Antitrust Act, the remedy included unwinding the merger and ordering the sale of the acquired company.  Background JELD-WEN Inc. acquired a competitor, CMI, ...

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