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Tag Archives: Judge Paul V. Niemeyer

Hearing ordered on ineffective assistance claim in capital case (access required)

Where a defendant who was sentenced to death for his role in a murder for hire plot alleged his trial counsel provided ineffective assistance by failing to investigate adequately his brain injury and potential mental illness, and failing to introduce ...

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Trump immigration order was based on legitimate concerns (access required)

A Trump immigration order, Proclamation 9645, was facially legitimate in that it restricted entry for national security, and not religious, reasons, and there was persuasive evidence the entry suspension had a legitimate grounding in national security concerns. The International Refugee ...

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Allowing single-stock fund in 401(k) plan might violate ERISA (access required)

Allegations that a 401(k) plan sponsor and management committee ignored an imprudent single-stock fund for several years was sufficient to support claims for breaches of the fiduciary duties of prudence and diversification imposed by the Employee Retirement Income Security Act ...

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Panel did not disregard law in ruling for investors (access required)

Where a broker executed trades on investors’ portfolio margin accounts in clear violation of a rule of the Financial Industry Regulatory Authority Inc., or FINRA, the arbitration panel did not manifestly disregard the law by imposing liability against the broker, ...

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Wiretap orders sufficiently identified authorizing official (access required)

Although the orders authorizing wiretaps simply identified a Deputy Assistant Attorney General in the Criminal Division as the authorizing official, and there are six persons who hold that title, because the specific official was named in the applications, which accompanied ...

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Mockery doesn’t back hostile environment claims (access required)

Although the native of El Salvador alleged sheep-related comments and mockery were motivated by racial animus, because they compared a person to animals, the comments were insufficient to constitute a hostile work environment based on race because the plaintiff cited ...

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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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