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Tag Archives: Judge Pamela A. Harris

ERISA doesn’t bar garnishment of 401(k) to satisfy restitution order (access required)

The court joined two other circuits in holding that the Employee Retirement Income Security Act of 1974, or ERISA, doesn’t prevent the government from garnishing the retirement assets of a defendant in order to satisfy a criminal restitution order under ...

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Investigator immune from claim of false testimony (access required)

Where a former town mayor was indicted on charges of embezzlement, but the case was dismissed after prosecutors discovered new evidence, the mayor’s suit against the investigator was dismissed because she was absolutely immune from claims she presented or conspired ...

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Sentencing court fails to address non-frivolous arguments (access required)

Where the sentencing court failed to address the defendants’ non-frivolous arguments against a life sentence, including his age and sentencing disparities with his co-conspirators, resentencing is required. Background A jury convicted appellant Lemont Jerrone Webb of multiple criminal offenses related ...

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Lack of Chinese counsel or interpreter no defense to agreement (access required)

A company president who signed three agreements with a Chinese company that contained clauses requiring arbitration of any disputes in China could not use his unilateral decision not to hire his own Chinese counsel or his own independent Chinese interpreter ...

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‘Branch’ must handle mortgage business to trigger meeting rule (access required)

Where there is a “branch office” within 200 miles of the borrower’s home, federal regulations require a bank to conduct a face-to-face meeting before initiating foreclosure proceedings. However, that obligation is only triggered where the “branch office” conducts some business ...

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