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Tag Archives: Judge Mark Davis

Firearm charge dismissed, based on new high court decision (access required)

The court found one count of defendants’ firearm convictions must be vacated following a U.S. Supreme Court ruling in Dimaya because there was no requisite “crime of violence” to support a guilty verdict. The defendants however, lost their bid for ...

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N-word use prompts hostile environment claim (access required)

The court found an employee’s claims that her supervisor’s use of the N-word, together with evidence of race-based comments and conduct, supported a hostile work environment claim, but that the conduct and mistreatment were not so intolerant as to support ...

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Age, circumstances of victims admissible in fraud case (access required)

In a case where the defendant is alleged to have defrauded elderly victims, the age and financial circumstances were admissible at trial to support the government’s theory that the scheme targeted unsophisticated investors. Background Raeann Gibson is charged with multiple ...

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Parents need to clarify claims in school board suit to recover fees (access required)

Plaintiffs, parents of a minor child, sued to recover the fees and costs they incurred in successfully prevailing in a school proceeding involving discipline of their child. An individual who assisted plaintiffs in that proceeding moved to intervene in the ...

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Top Op Digest: State-law claims for damage to stored property not pre-empted (access required)

Based on plausibly-alleged alternative theories of when her personal property sustained water damage, a plaintiff’s state-law claims against the company that both stored and shipped her property were not pre-empted by federal law governing interstate carriers. Background As alleged in ...

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EDVA: Accreditor’s own interest didn’t bias decision (access required)

An accreditation agency’s decision to withdraw the plaintiff’s accreditation as a cosmetology school was not unduly tainted by the fact that one of the commissioners was the executive and part-owner of a similar institution in a nearby city. Background This ...

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