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Tag Archives: Judge J. Harvie Wilkinson III

Suit against officials really against government (access required)

Where a consumer brought a challenge against CMS officials in their individual capacities, alleging they violated the Telephone Consumer Protection Act by authorizing robocalls, his lawsuit was in reality aimed against the federal government, to which sovereign immunity applied. Background ...

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Disengagement, not race, prompted termination (access required)

Where a chief merchandizing officer reacted negatively to criticism and became disengaged following a leadership assessment of Lowe’s senior leaders, Lowe’s prevailed on claims that his termination was based on race discrimination. Background In February 2017, Michael Jones, formerly the ...

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Surrender transactions can’t avoid tax liability (access required)

Where the taxpayers argued that they were not required to report $45.7 million of compensation income, the series of business transactions were devoid of economic substance and were thus insufficient for avoiding tax liability. Moreover, despite the taxpayers’ assertion they ...

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Fire battalion chiefs not entitled to overtime (access required)

Where fire battalion chiefs argued they were covered by a “first responder regulation,” which required they be paid overtime, because their primary duty was management and not front line firefighting, the first responder regulation was inapplicable. A review of their ...

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Citizen’s deportation suit barred by discretionary exception (access required)

There is no jurisdiction over a suit brought by a U.S. citizen who alleges he was improperly removed to El Salvador. In deciding whom to investigate, detain and remove, homeland security officers must make the kinds of classic judgment calls ...

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Baltimore’s aerial surveillance allowed to continue  (access required)

Where Baltimore’s short-term aerial surveillance program does not target particular individuals or violate a reasonable expectation of privacy, and seeks to meet a serious law enforcement need without burdening constitutional rights, the denial of community activists’ request for a preliminary ...

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HHS abortion rule enjoined (access required)

A rule promulgated by the Department of Health and Human Services, prohibiting physicians and other providers in Title X programs from referring patients for an abortion and imposing other requirements on entities receiving Title X funds, was enjoined. HHS inadequately ...

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