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Tag Archives: Judge J. Harvie Wilkinson III

FERC action is trigger for statute of limitations (access required)

Where the Federal Power Act, or FPA, requires the Federal Energy Regulatory Commission, or FERC, to take steps before it can bring claims against those charged with manipulation of the energy markets, the five-year statute of limitations for filing suit ...

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Inmates’ rights under Speedy Trial Act were not violated (access required)

Although two state inmates who were federally indicted for coordinating a methamphetamine distribution ring from prison claimed their superseding indictment was filed more than 30 days after an arrest and thus violated the Speedy Trial Act, or STA, there is ...

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Maryland ad disclosure law violates First Amendment (access required)

Where a Maryland law requires newspapers and other media platforms to publish certain information about the political ads they carry and retain that information for inspection, the law violates the First Amendment under either strict or exacting scrutiny. Background A ...

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SC stopped from ending Planned Parenthood agreement (access required)

Where the Medicaid Act’s free-choice-of provider provision creates a private right enforceable under 42 U.S.C. § 1983 and the Medicaid recipient established she would suffer irreparable harm in the absence of a preliminary injunction, South Carolina was stopped from terminating ...

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4th Circuit: Jury should decide venue in ‘bath salts’ case (access required)

4tth Circuit Seal FEA

A divided federal appeals panel has overturned the convictions of three accused drug distributors because a jury never was asked if the charges were brought in the right locality. A two-judge majority of a panel of the 4th U.S. Circuit ...

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Federal gun charge based on state domestic violence conviction (access required)

Although the defendant claimed his federal gun charge could not be based on his Virginia conviction for domestic violence because he did not knowingly and intelligently waive his right to a jury trial in Virginia as required under federal statute, ...

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