Tag Archives: Judge Douglas E. Miller

Guarantors liable for balance of unpaid development loan (access required)

Where the bank showed the borrower breached three enforceable notes for development financing, and that the defendants had both signed guarantees, judgment was entered against the defendants for $864,536.61. Background Fulton Bank N.A. seeks judgment against two guarantors for amounts ...

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Bond hearing ordered for detainee in prolonged detention (access required)

Where the defendant has been held for more than one year without a bond hearing, his prolonged detention raises due process concerns. A hearing was ordered, where the government bears the burden of justifying his continued detention by clear and ...

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Employer can’t dispose of calculation-of-benefits suit (access required)

Although an employer argued its method of calculating benefits for retirees electing joint and survivor annuities under its defined benefit retirement plan was reasonable under the Employee Retirement Income Security Act, testimony from the plaintiff’s expert witness about the appropriate ...

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Direct or alter-ego theory not available in furniture store dispute (access required)

The plaintiff, a retail furniture store in North Carolina, failed to establish jurisdiction over the two individuals who sold it the business. Neither of the two sellers assumed individual obligations in the supply agreement, which was the basis of the ...

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EDVA: Motion fees awarded, mostly at associate rate (access required)

The plaintiff was entitled to attorneys’ fees after prevailing on a motion to compel. Because the issues involved were not complex, time spent drafting and arguing was primarily awarded at a reasonable associate rate. Background This matter is before the ...

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