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Tag Archives: Judge Paul V. Niemeyer

Sex-based stereotype rumors backs Title VII claim (access required)

A woman who alleged male employees circulated a rumor that she had a sexual relationship with a higher-ranking manager in order to obtain her position adequately stated a claim for discrimination and a hostile work environment, given the historical stereotypes ...

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Body cam footage supports denial of motion to suppress (access required)

Body camera footage showed officers had consent to enter the man’s residence and he was not in custody when questioned; therefore, the dismissal of a motion to suppress is upheld. Background After Ismael Azua-Rinconada was indicted for illegally entering the ...

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Injunctive relief fails on one Winter factor (access required)

A district court did not err in denying preliminary injunctive relief to preserve the National Labor Relations Board’s ability to award relief following its adjudication of unfair labor practice charges against two hospitals. Because the Board did not show irreparable ...

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4th Cir.: Corporate structure didn’t change plan administrator (access required)

Although some claims analysts were on a different Hartford subsidiary’s payroll, they nevertheless processed the plaintiff’s disability claim on behalf of the entity designated as plan administrator. Accordingly, under ERISA, the administrator’s decision to terminate benefits was subject only to ...

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4th Cir.: On deferential review, court’s “pause” shows consideration (access required)

At a revocation hearing, a district court asked to reconsider imposing the maximum sentence based on hardship to the defendant’s family did in fact consider that mitigating factor, as shown by the court’s response of “all right” and a subsequent ...

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