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Tag Archives: Judge Diana Gribbon Motz

Panel did not disregard law in ruling for investors (access required)

Where a broker executed trades on investors’ portfolio margin accounts in clear violation of a rule of the Financial Industry Regulatory Authority Inc., or FINRA, the arbitration panel did not manifestly disregard the law by imposing liability against the broker, ...

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Wiretap orders sufficiently identified authorizing official (access required)

Although the orders authorizing wiretaps simply identified a Deputy Assistant Attorney General in the Criminal Division as the authorizing official, and there are six persons who hold that title, because the specific official was named in the applications, which accompanied ...

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Jury’s $50K FMLA retaliation verdict overturned (access required)

Although the jury found for the plaintiff on her claim under the Family and Medical Leave Act, and awarded her $50,000, the evidence was not enough to permit a reasonable jury to conclude the company’s proffered rationale for firing her ...

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Opening mail outside prisoner’s presence supports First Amendment claim (access required)

A pro se prisoner’s claim that his rights were violated was supported by the failure of prison officials to explain the need to check his mail for contraband outside of his presence. Because the infringement of his First Amendment rights ...

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Suit dismissed due to inability to join indispensable party (access required)

Although a Swiss corporation argued the missing party, a British Islands entity, was not indispensable to resolution of claims involving performance under fuel contracts, its own complaint confirmed the missing party was necessary and indispensable. Because joining the missing party ...

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Prior convictions warranted sentence enhancements (access required)

Where the defendant’s prior conviction for robbery under Maryland law qualified as a predicate violent felony and his prior Maryland conviction for possession of a controlled substance with intent to distribute constituted a “controlled substance offense” under the Sentencing Guidelines, ...

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Warrantless search of electronic devices was improper (access required)

The warrantless forensic searches of defendant’s electronic devices lacked the requisite nexus to the recognized historic rationales justifying the border search exception. Background In April 2015, a minor alerted law enforcement officers that Raymond Idemudia Aigbekaen and another man had ...

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