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Tag Archives: Judge John A. Gibney Jr.

Informant’s tip, other factors supported vehicle stop (access required)

Where a detailed and largely accurate tip from a reliable confidential informant, together with police knowledge of the defendant’s involvement in a prior drug trafficking investigation, his criminal history and his presence at a hotel known for drug trafficking provided ...

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Failed retaliation claim doesn’t revive discrimination claim (access required)

Where a professor failed to timely file a discrimination claim against a university, he cannot reopen the time for filing the discrimination claim by filing a retaliation claim based on an email in which the university simply reiterated its refusal ...

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Valid appointment of substitute trustee dooms foreclosure challenge (access required)

Where a borrower claims she did not retain counsel because she relied on a bank representative that foreclosure of her home was “on hold,” and that a lawyer would have  challenged the validity of the appointment of the substitute trustee ...

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FDCPA suit narrowed by statute of limitations (access required)

Although the Fourth Circuit has held that a “separate violation” of the Fair Debt Collection Practices Act occurs every time an improper communication, threat or misrepresentation is made, where a suit was filed on April 2, 2019, alleging FDCPA violations ...

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Bank’s defense not available on motion to dismiss (access required)

Although a bank argued it refused to hire the plaintiff because federal regulations prohibit hiring persons with criminal convictions involving dishonesty or breach of trust, this response to the plaintiff’s race, disability and age discrimination claims could not be raised ...

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Company’s effort to seal ‘historical’ documents rejected (access required)

Historical pricing data, discussions about pricing and failed corporate expansion documents that were attached to motions or expert reports in an antitrust case will not be sealed because the public’s rights of access outweighed the litigants’ privacy concerns. Individual phone ...

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Customers’ overdraft fees claim goes forward (access required)

Customers alleging that their bank’s imposition of overdraft fees violated the deposit agreement asserted facts suggesting the deposit agreement was ambiguous and that the bank exercised its contractual discretion in bad faith. The breach of contract claim survived the motion ...

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