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Tag Archives: Judge Barbara Milano Keenan

Statute runs from each ‘violation’ of Fair Debt act

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

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

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

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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Retaliation against site manager a jury question

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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