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Tag Archives: Judge Paul V. Niemeyer

Inmate raises successful ADA and equal protection claim (access required)

Where an inmate with a medical condition had performed various prison jobs, he successfully alleged facts showing that after he was hospitalized for a short time, prison officials regarded him as disabled and as a consequence, he could not participate ...

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Airline failed to reemploy pilot, violated USERRA (access required)

Although the pilot was not cleared to fly, an airline nevertheless violated the Uniformed Services Employment and Reemployment Rights Act, or USERRA, by not reemploying him “promptly” in an alternative position. Background As Thomas Harwood neared completion of a tour ...

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Scope of search warrant was proper, supported by common sense (access required)

After officers observed a still-smoldering marijuana cigarette lying in an open trash can in the kitchen, a fair probability existed that further evidence of the defendant’s crime would be uncovered elsewhere in the house, thus supporting a warrant to search ...

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HHS no longer enjoined from recouping overpayments from provider (access required)

Where the Department of Health and Human Services was enjoined from recouping alleged overpayments of Medicare reimbursements from a health care provider until an administrative proceeding was completed, the injunction was vacated because the provider could seek expedited judicial review ...

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