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Tag Archives: Judge James A. Wynn Jr.

Maryland statutory assault with intent isn’t ‘violent felony’ under ACCA (access required)

Where a Maryland criminal statute prohibiting assault with intent to prevent lawful apprehension incorporates the common-law understanding of assault, which may involve innocuous conduct, it does not constitute a “violent felony” under the Armed Career Criminal Act, or ACCA. Background ...

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‘Ambiguous’ jury verdict insufficient for habeas relief (access required)

Where it was unclear whether a jury relied solely on now-invalid predicate counts in rendering guilty verdicts on two other counts, the defendant wasn’t entitled to habeas relief. He needed to show “more than a reasonable possibility” that the jury ...

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Jurisdiction lacking over Navy contractor’s suit (access required)

Where a federal contractor sought clarification on whether the nature of its Navy service contract made it subject to California’s labor laws, the suit was properly dismissed because the contractor failed to satisfy the exhaustion requirements of the Contract Disputes ...

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Agency failed to consider pipeline’s impact on fish (access required)

Where the Fish and Wildlife Service failed to adequately evaluate the “environmental baseline” and “cumulative effects” for the Roanoke logperch and the candy darter within the right of way of a proposed pipeline, its biological opinion and incidental take statement ...

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4th Circuit recognizes ‘overtime gap time’ claim under FLSA (access required)

An emergency medical services employee adequately alleged a violation of the Fair Labor Standards Act, or FLSA, under the theory of “overtime gap time,” a panel of the 4th U.S. Court of Appeals has ruled in reversing judgment on the ...

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DIRECTV entitled to attorney fees, costs for litigation (access required)

Where DIRECTV prevailed on its Federal Communications Act claim against an individual who stole satellite transmissions, but had to spend more than $60,000 to recover the judgment, its motion to recover fees and costs was granted. Although the statute did ...

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