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Tag Archives: Judge Robert B. King

Nationwide injunction over new DHS rule was error (access required)

Where the Department of Homeland Security’s new definition of “public charge” in the Immigration and Nationality Act, or INA, was permissible, a nonprofit’s challenge to the definition failed because it could not show a likelihood of success on its claim. ...

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Home purchasers not harmed by title company’s alleged conduct (access required)

Although the home purchasers alleged they were steered to a particular title company because of undisclosed kickbacks paid by that company to the realtor, they failed to allege they were charged more by the title company and thus lacked standing ...

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Decision on security clearance is beyond judicial review (access required)

Although the plaintiff alleged the Army’s decision to suspend him pending review of his security clearance was in violation of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, or ADEA and the Whistleblower ...

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Error in instructing jury on drug quantity was harmless (access required)

Although the district court erred in instructing the jury about the legal principles it was required to apply to determine the methamphetamine quantity attributable to the defendant, any error was harmless because it did not seriously affect the fairness, integrity ...

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Abuse of discretion standard applied in drug conspiracy case (access required)

Although the defendant argued that a de novo standard of review should be applied to the district court’s intrinsic evidence ruling, the appellate court applied an abuse of discretion standard as required by its precedent. Background Defendant Donald Bush appeals ...

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Law firm challenges use of ‘filter team’ to review its files (access required)

Where a district court allowed a government “filter team” to review privileged attorney-client documents unrelated to the investigation of lawyer A and client A, it was in error because it assigned judicial functions to the filter team and failed to ...

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Warrantless search of defendant’s apartment was not unlawful (access required)

Where a North Carolina statute authorized warrantless searches of post-release supervisees by a probation officer, the search of defendant’s apartment was not unlawful, even though his own supervision agreement only authorized warrantless searches of his residence by his assigned probation officer, ...

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Jury to decide if prison officials violated inmate’s rights (access required)

Where the evidence showed one official within the prison’s health department was aware of the plaintiff’s Hepatitis C status, lack of treatment and resulting risk of harm, and another official postponed treatment for inmates with Hepatitis C knowing it would ...

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