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Tag Archives: Judge Paul V. Niemeyer

Jury to decide whether defendants breached contract (access required)

Although summary judgment was granted to two companies hired to provide “quality assurance” and “quality control” services on a bridge construction project, there are disputed issues of material fact over the contract terms. Now a jury will decide whether the companies ...

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First Step Act may require review of defendant’s concurrent sentence (access required)

Where a court declined to review whether a defendant’s sentence on a firearm charge was improperly enhanced under the Armed Career Criminal Act, or ACCA,because the defendant’s concurrent sentence of a drug-trafficking charge was valid, remand for evaluation was warranted. ...

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Maryland and DC lack standing to sue president in emoluments suit (access required)

President Trump will no longer face a suit brought by Maryland and the District of Columbia over his alleged violation of the Emoluments clause after the court granted the president’s petition for writ of mandamus and concluded the plaintiffs lacked ...

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Emoluments suit against Trump is dismissed (access required)

After holding it had jurisdiction to entertain President Trump’s appeal from the district court’s decision “effectively” denying his immunity motion to dismiss, the court never reached the immunity question and, instead, held that Maryland and the District of Columbia lacked ...

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Rail worker hurt on bridge covered by FELA, not LHWCA (access required)

Although an employee was injured on a bridge spanning navigable waters, the location of the injury was insufficient to trigger coverage under the Longshore and Harbor Workers’ Compensation Act, or LHWCA. Background Kenneth Muhammad, a railroad employee, was injured while ...

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Amazon was not a ‘seller’ of allegedly defective product (access required)

Although the allegedly defective product was shipped to Amazon’s warehouse before being shipped to the customer, because title to the product was never transferred to Amazon, and all other evidence indicated another party remained the seller, Amazon could not be ...

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Attorneys’ fees paid by party with duty to enforce unconstitutional law (access required)

A county board of elections that was tasked with enforcing a law enacted by the state was required to pay the attorneys’ fees of the plaintiffs who prevailed in an action to enjoin the enforcement of the law on the ...

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