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Tag Archives: Judge Allison Jones Rushing

Record showed defendant ‘maintained’ drug premises (access required)

Where the sentencing guidelines provide for a two-level enhancement where the defendant maintains a premises for the purpose of drug distribution, and the record showed the defendant’s access to and control over a house and the drug distribution business operating ...

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Undisclosed evidence not ‘material’ to defense (access required)

Although South Carolina failed to produce three pieces of evidence during the defendant’s murder trial where he was convicted and sentenced to death, because the undisclosed evidence was not material, his habeas petition was denied.  Background Marion Bowman was convicted ...

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Employee’s racial bias claim can go forward (access required)

Where the former employee of an educational program for at-risk adolescents alleged that he was treated differently than white employees, and included specific factual allegations of the different treatment, that was sufficient to state a claim for race discrimination. Charles ...

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Arbitrator to decide the preclusive effect of prior court judgment (access required)

Where there is no agreement to the contrary, an arbitrator, and not the court, decides the preclusive effect of a prior court judgment. Background The crux of this case is the court’s standard for reviewing arbitration awards. The district court ...

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Private plaintiff has no right to injunctive relief under RICO (access required)

In an issue of first impression that has divided other circuits, the court held that the Racketeer Influenced and Corrupt Organizations, or RICO, Act does not give private plaintiffs a right to sue for injunctive relief. Background The named plaintiffs ...

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