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Tag Archives: Judge James A. Wynn Jr.

Claim that contamination at Marine camp caused death is barred (access required)

Where a widow alleged her husband’s death was caused by his exposure to contaminated water and environmental toxins while he was stationed at Camp Lejeune, her complaint was properly dismissed. The alleged exposure occurred in the course of the decedent’s ...

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Lack of scienter dooms fraud claims (access required)

Where shareholders alleged they purchased shares of a technology company at inflated prices because corporate officers made materially misleading statements about the company’s financial health, their suit was dismissed because there was insufficient evidence of scienter. Background Plaintiffs appeal the ...

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Conclusion about cause of infant’s death was not unreasonable (access required)

Where a man sentenced to death for murdering an infant challenged the state court’s factual finding that the baby died from a depressed skull fracture, it was not “objectively unreasonable” for the court to conclude that the chief of pediatric ...

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Bodily injury sentence enhancement applied in error (access required)

Where the sentencing court never determined whether the victim’s injuries lasted for a “meaningful period” or if they were of a type for which more-than-precautionary medical attention ordinarily would be sought, it erred in imposing a sentencing enhancement for bodily ...

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BIA’s ‘excessively narrow’ nexus analysis improper (access required)

Where the immigration judge focused on why a Honduran gang targeted the petitioner’s family, rather than petitioner herself, that was wrong. Because the record showed that the gang leveraged her familial relationship to her husband, as well as their familial ...

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