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Tag Archives: Judge Robert E. Payne

Third party could produce data under subpoena (access required)

Where a third party that maintained confidential data for a defendant against whom plaintiffs’ claims had been stayed and the subject data was relevant to plaintiffs’ active claims against another defendant, the third party could produce the data without violating ...

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Challenge to law requiring educational courses be certified was viable (access required)

Where a state law prohibited plaintiffs from offering certain postsecondary educational programs without obtaining certification, plaintiffs could proceed on their claim that the law violated their First Amendment rights, but they were unable to demonstrate a likelihood of success on ...

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Defendant’s medical condition won’t overcome choice of venue (access required)

Although a medical condition made it difficult for the defendant to travel to the plaintiff’s chosen venue, she was not entitled to transfer the action because the plaintiff had a strong interest in keeping the action in the venue of ...

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New sentencing ordered on money-laundering convictions (access required)

Where a defendant was denied the effective assistance of counsel because his counsel failed to allege that his money laundering convictions presented a merger problem on appeal, the appropriate remedy was to vacate the defendant’s convictions for money laundering and ...

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State law claims on credit reporting not removable (access required)

Plaintiffs’ state law claims against Wells Fargo related to credit reporting were not removable to federal court because the Fair Credit Reporting Act does not preempt all claims related to credit reporting. Background Justin and Monica Newcomer filed this action ...

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Arbitrators exhibited ‘manifest disregard of the law’ (access required)

A panel of arbitrators, ignoring previous guidance from the court, disregarded the law that FINRA rules provide no private right of action. The court remanded with specific instructions that a broker’s counterclaims be considered by a different FINRA arbitration panel. ...

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