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Tag Archives: Judge Albert Diaz

4th Cir.: Scam “reloader” targeted vulnerable victims (access required)

The district court did not err in applying a “vulnerable victim” sentencing enhancement to a defendant who worked at a fraudulent telemarketing center as a “reloader,” targeting individuals who had already fallen for the scheme at least once, in the ...

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4th Cir.: Feds could use artist promo photo for ID array (access required)

The government didn’t violate due process by showing a kidnapping victim a photo array with the defendant’s image cropped from his music group’s promotional poster, which the victim had seen before. Background In the summer of 2012, two U.S. citizens ...

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4th Cir.: Feds could use artist promo photo for ID array (access required)

The government didn’t violate due process by showing a kidnapping victim a photo array with the defendant’s image cropped from his music group’s promotional poster, which the victim had seen before. Background In the summer of 2012, two U.S. citizens ...

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Bon Mots: March 2018 Edition

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

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4th Cir.: Students show injury from SC school-disturbance law (access required)

Students’ fear of future arrest for violating vague school-conduct statutes was sufficiently well-founded to constitute an injury-in-fact and support their standing to challenge the laws’ constitutionality. Background In this case, a group of former and current South Carolina students has ...

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4th Cir.: Ambiguous terms required extrinsic evidence analysis (access required)

A media company had the right to terminate its distribution agreement when the distributor sent Discovery Channel programming over the “open internet.” Extrinsic evidence weighed strongly against the distributor’s contention that the contract allowed this distribution method. Background This case ...

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Catch-all limitations period inapplicable to civil commitment (access required)

The court of appeals held that the federal four-year “catch-all” statute of limitations for civil actions does not apply to civil-commitment proceedings under the Adam Walsh Act. In 2015, while Plaintiff/Appellant Edgar Searcy was in federal prison for using interstate ...

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Black Lung Benefits – ‘Operator’ – Definition Change – Subsequent Rehire (access required)

When the claimant first worked for petitioner’s predecessor, the predecessor did not fall within the Federal Mine Safety and Health Act’s definition of “operator.” However, after the definition of “operator” was expanded to include mining construction contractors like petitioner’s predecessor, ...

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