Quantcast

Tag Archives: Judge Allyson K. Duncan

4th Cir.: $150,000 sanction on counsel, firms upheld (access required)

Attorneys’ “egregious” conduct was designed to, and did, mislead the district court, the 4th Circuit affirmed. They challenged the authenticity of a loan agreement for two years before revealing that they possessed an identical copy, obtained from their client, before ...

Read More »

4th Cir.: Local bankruptcy court rule held invalid (access required)

The Eastern District of Virginia’s Local Bankruptcy Rule 3070-1(C), which allows for dismissal without hearing, conflicts with the requirements of 11 U.S.C. § 1307. Background In January 2017, the Eastern District’s bankruptcy trustee certified under Local Bankruptcy Rule 3070-1(C) that ...

Read More »

4th Cir.: Local bankruptcy court rule held invalid (access required)

The Eastern District’s Local Bankruptcy Rule 3070-1(C), which allows for dismissal without hearing, conflicts with the requirements of 11 U.S.C. § 1307. Background In January 2017, the bankruptcy trustee certified under Local Bankruptcy Rule 3070-1(C) that Debtor-Appellant Sarah No had ...

Read More »

4th Cir.: In sentencing, conspiracy not a “crime of violence” (access required)

A defendant’s prior conviction for conspiracy to commit murder in aid of racketeering did not necessarily establish that he’d committed a “crime of violence” for purposes of federal sentence enhancement. Because conspiracy in the racketeering context does not require an ...

Read More »

4th Cir.: No vicarious liability for sellers’ TCPA misconduct (access required)

Even though discovery was still open at the trial level, class-action plaintiffs could not present evidence creating a triable dispute about whether security-system manufacturers were vicariously liable for retailers’ TCPA violations. Background Appellee UTC Fire & Security Americas Corp. sold ...

Read More »

No CAFA removal for “additional counter-defendants” (access required)

Where an original defendant makes counterclaims naming additional parties as counter-defendants, those additional parties are not entitled to remove the claims against them to federal court even under the permissive standards of the Class Action Fairness Act. Original Plaintiff Citibank, ...

Read More »

BIA’s asylum rejection not adequately explained (access required)

The court of appeals vacated a decision of the Board of Immigration Appeals to deny Petitioner Felipe de Jesus Molina Mendoza’s request for asylum, finding that the tribunals below failed to show that they fairly considered all of the relevant ...

Read More »

“Whistleblower’s” Disclosures Not Protected; Termination Warranted (access required)

Appellant William C. O’Hara, a federal contractor’s former employee, did not make protected disclosures of fraud to the contracting agency and, based on his work performance, would have been terminated from employment notwithstanding such disclosures. After winning a contract with ...

Read More »

Partial Dirt-for-Debt – Valuation – Appeals – Post-Petition Interest Adjustment (access required)

Bate Land Co. LP v. Bate Land & Timber LLC (VLW No. 017-2-211, 21 pp.) (Duncan, J.) 16-2037; Dec. 6, 2017; USDC at Wilmington, N.C. (Boyle, J.) 4th Cir. Holding: The bankruptcy court has specialized expertise in valuing property, and ...

Read More »