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Tag Archives: Judge Robert B. King

Employer as joint insurance plan administrator had fiduciary duty (access required)

An employer who allegedly told a beneficiary it would pay death benefits, after the life insurance carrier denied the claim, has been sued by the beneficiary who alleges she relied on the promises to her detriment. Background According to the ...

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Denial of voter list to out-of-state resident can be challenged (access required)

An out-of-state citizen could bring a constitutional challenge against a statute that limited copies of the state’s registered voter list to state residents because the list was closely connected to political speech and the statute imposes both content- and speaker-based ...

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Enhancements based on prior arson and distribution convictions upheld (access required)

A defendant was properly subject to an enhanced sentence because his prior state conviction for distribution of crack cocaine qualified as a serious drug offense under the Armed Career Criminal Act, or ACCA, and a controlled substance offense under the ...

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Government officials immune from reporter’s claims (access required)

Senior government officials, including the former Attorney General and the Postmaster General, cannot be held liable for claims they unlawfully relied on electronic surveillance to spy on a CBS television reporter because such conduct did not violate a clearly established ...

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Maryland agency immune from discrimination claims (access required)

A Maryland state agency enjoys 11th Amendment immunity against sexual orientation and disability discrimination claims brought by a former employee because the agency did not consent to suit in federal court. Background This appeal and ongoing proceedings in the District ...

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Robocall ban exemption violates First Amendment (access required)

Political organizations argued that an exception for debt collection under the autodialer ban in the Telephone Consumer Protection Act, or TCPA, represented unconstitutional content-based discrimination against other speech. The Fourth Circuit agreed but held that the exception was severable from ...

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Sentence reduction motion tolled statute for habeas (access required)

A criminal defendant’s petition for habeas corpus relief was timely because his state court motion to reduce his sentence constituted an application for collateral review under Antiterrorism and Effective Death Penalty Act that tolled the statute of limitations during its ...

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Ex-lawyer convicted for ‘consigliere’ role in drug organization (access required)

A former lawyer who was prosecuted for his role as “consigliere” in a multi-state marijuana trafficking organization had his convictions for money laundering and obstruction of justice upheld. The convictions were based in large part on inculpatory recorded conversations he ...

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Government officials immune from surveillance claims (access required)

Senior government officials, including the former U.S. Attorney General Eric Holder, cannot be held liable for claims they unlawfully used electronic surveillance to spy on a CBS television reporter because such conduct did not violate a clearly established right. Background ...

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