Please ensure Javascript is enabled for purposes of website accessibility
Home (page 4)

Tag Archives: Judge Paul V. Niemeyer

Ineffective assistance claim barred, without merit (access required)

Where a defendant convicted of murder, burglary, kidnapping and related crimes previously claimed that his trial counsel’s performance was constitutionally deficient, and the state post-conviction court rejected that claim, he could not introduce new evidence in his federal habeas petition. ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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, ...

Read More »

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 ...

Read More »