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Tag Archives: Judge James A. Wynn Jr.

SSA’s fraud decisions ‘arbitrary and capricious’ (access required)

It was “arbitrary and capricious” and a violation of due process for the Social Security Administration, or SSA, to categorically terminate the benefits of a class of claimants without giving them an opportunity to rebut the allegation that their benefits ...

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Disability established by objective, subjective evidence (access required)

The administrative law judge erred by requiring objective evidence about the persistence and limiting effects of fibromyalgia on the claimant’s daily life. This error was compounded by the fact that objective evidence was present, but ignored. The record as a ...

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Sentence backed by record, even without upward variance (access required)

Where a court may have erred in applying a four-level enhancement and upwardly departing from the guidelines when imposing a sentence for possession of a firearm in connection with another felony, the decision was affirmed because the record showed the ...

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Allowing single-stock fund in 401(k) plan might violate ERISA (access required)

Allegations that a 401(k) plan sponsor and management committee ignored an imprudent single-stock fund for several years was sufficient to support claims for breaches of the fiduciary duties of prudence and diversification imposed by the Employee Retirement Income Security Act ...

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Suspicionless stop of defendant not excused by exigent circumstances (access required)

A majority of the en banc court refused to allow the suspicionless stop of the defendant following a report of “shots fired.” The stop was not justified by exigent circumstances and thus was not reasonable under the Fourth Amendment. Background ...

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Stop of defendant supported by reasonable suspicion (access required)

The stop of the defendant after a bar brawl was supported by multiple elements, including a tip from a witness describing a person with a gun, with a physical description matching the defendant, in a known problem area. Background Shortly ...

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Record sealed to protect identity of cooperating inmate (access required)

Where an inmate who had pleaded guilty to conspiracy to cocaine-related crimes provided “substantial assistance” to the government, he was entitled to have a pleading about his efforts sealed and removed from online research services. There was a heightened risk ...

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