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Tag Archives: Judge Barbara Milano Keenan

Statute runs from each ‘violation’ of Fair Debt act (access required)

Where the debtors filed suit within one year of the defendant’s alleged violations of the Fair Debt Collection Practices Act, it was timely. Because the statute of limitations runs from the date of each “violation,” the fact the defendant had ...

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IRS’s offset right trumps debtor’s right to receive tax overpayment (access required)

The case of first impression held that despite a bankruptcy code section providing that exempt property cannot be used to satisfy a debtor’s prepetition debts, the tax code makes clear the government’s right to set-off a tax overpayment against a ...

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Congress did not intend categorical approach for VICAR (access required)

Nothing in the language of 18 U.S.C. § 1959, which imposes criminal penalties for committing “violent crimes in aid of racketeering activity,” or VICAR, requires an analysis of whether the state offense is a “categorical match” to the federal offense. ...

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Lack of explanation in child porn sentence was error (access required)

Where there was no explanation for why a defendant convicted of transporting and possessing child pornography was barred from using an electronic device to access the internet, and from maintaining a social networking account without prior approval from his probation ...

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Guilty verdict vacated because of possible juror bias (access required)

Where a juror reported possible intimidation, including being photographed by family members or friends of the defendants, it was reversible error for the district court to not question the jurors directly and to only focus on whether there were photographs ...

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Retaliation against site manager a jury question (access required)

Where the company advertised the site manager’s position immediately after she made a sexual harassment complaint, terminated her employment based upon the timing of the allegation and may have treated the alleged harasser more favorably, a jury could conclude the ...

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Guilty plea vacated due to magistrate judge’s error (access required)

Where the magistrate judge failed to advise the defendant of his potential exposure to a 15-year mandatory minimum sentence by pleading guilty to possession of a firearm by a felon, and the defendant demonstrated there was a “reasonable probability” he ...

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