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Tag Archives: Judge Paul V. Niemeyer

‘Small business debtor’ can’t discharge $4.7M judgment (access required)

Where the Bankruptcy Code provides that small business debtors are not entitled to discharge certain categories of debt, including debts “for willful and malicious injury by the debtor to another entity or to the property of another entity,” a debtor ...

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Consultant awarded $1.9M for zoning approval services (access required)

Where a reasonable person would conclude a consultant was entitled to compensation after he fully performed under the parties’ contract, the court did not err in awarding damages using unjust enrichment principles. Background In connection with two undeveloped parcels of ...

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Sanctions vacated: Defamation, tortious interference claims not frivolous (access required)

Lawyer speaking in courtroom

Where a claimant’s defamation suit was dismissed with a warning that further frivolous pleadings might justify sanctions, her subsequently filed claims based on new conduct were not frivolous and did not warrant sanctions. The 4th U.S. Circuit Court of Appeals ...

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Defendant waited too long to collaterally attack guilty plea (access required)

Where a naturalized citizen whose citizenship was revoked in 2016 waited until 2018 before attempting to collaterally attack his 2010 guilty plea on drug charges, and the record showed he could have discovered facts supporting his claim in 2016, his ...

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