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Tag Archives: Judge Albert Diaz

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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Appeals court rebukes prosecutors in death penalty case (access required)

4tth Circuit Seal FEA

A federal appeals court panel has ordered an evidentiary hearing to determine if undisclosed evidence could upset the conviction of a man sentenced to die for the 2004 Norfolk murders of four people, including two preschool girls. Ruling that U.S. ...

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

Frontier-Kemper Constructors, Inc. v. Director, Office of Workers’ Compensation Programs (VLW No. 017-2-206, 13 pp.) (Diaz, J.) 16-1849; Nov. 30, 2017; on petition for review from the Benefits Review Board; 4th Cir. Holding: When the claimant first worked for petitioner’s ...

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Lawyer must testify about how she got documents (access required)

library_fea

An unnamed criminal defense at­torney and her investigator will have to answer federal prosecu­tors’ questions about how they came into possession of allegedly fraudulent documents that were in­troduced as evidence at their cli­ent’s trial. The 4th U.S. Circuit Court of ...

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