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Tag Archives: Judge Allyson K. Duncan

Application of enhancement did not change the sentence imposed (access required)

Any error resulting from the district court’s application of a sentencing enhancement for career offenders was harmless because, even if the enhancement was not applied, the court would have imposed the same sentence and that sentence would have been reasonable. ...

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Strip search of passenger did not violate the Fourth Amendment (access required)

Despite being conducted in a public area, an officer’s strip search of the passenger of a car stopped for a traffic violation did not violate the passenger’s Fourth Amendment rights because the search was limited in scope and manner and ...

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Defendants’ appeal based on immunity is premature (access required)

Defendants who collected fines imposed in traffic and misdemeanor cases in municipal court were sued for overseeing and enforcing policies and practices that allegedly violated plaintiffs’ constitutional rights. The defendants could not immediately appeal the denial of their pre-discovery immunity ...

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Pamlico Sound bridge clears another hurdle (access required)

In upholding the granting of summary judgment to the North Carolina Department of Transportation and the Federal Highway Administration, the court rejected claims by Outer Banks residents that the agencies violated federal laws in approving the Pamlico Sound bridge. Background ...

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Airline can be sued for retaliation under False Claims Act (access required)

Because an aviation maintenance technician’s complaint failed to plead facts sufficient to infer that United Airlines presented false invoices to the federal government for payment, the district court correctly dismissed two claims under the False Claims Act. However, because the ...

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Whistleblower pleading standard clarified by court (access required)

4tth Circuit Seal FEA

Direct evidence of government payment and receipt of fraudulent services must be alleged at the pleading stage for a qui tam action to survive a motion to dismiss, the 4th U.S. Circuit Court of Appeals has ruled. Despite this, a ...

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