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Tag Archives: Judge Allyson K. Duncan

“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 ...

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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 ...

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Football Player Wins ERISA Claim for CTE Disability (access required)

In denying disability benefits to professional football player Jesse Solomon, who sustained more than 69,000 full-speed contact hits during his nine-year NFL career, the plan administrator for an NFL retirement and disability plan failed to follow a reasoned process, explain ...

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