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Tag Archives: Judge James A. Wynn Jr.

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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Unambiguous lease not modified by other documents (access required)

A lease was not modified by a subsequent letter or estoppel certificate because neither document was signed by all parties and thus lacked mutual assent. Nor could subsequent conduct vary the unambiguous lease. Although the lease allowed the landlords to ...

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Double murderer loses ineffective assistance of counsel bid (access required)

Although the defendant who was sentenced to death for a double murder argued his trial attorneys were repeatedly ineffective by not making objections, not requesting specific jury charges or by not presenting certain evidence, he was not entitled to relief ...

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Homeland Secretary may revoke visa petition, foreclosing judicial review (access required)

Although section 205 of the Immigration and Nationality Act, or INA, does not use the word “discretion,” its language unambiguously confers discretion on the Secretary of Homeland Security to revoke an immigration petition. As such, judicial review of the plaintiff’s ...

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