Real property forfeited despite sister’s claim
Where the district court ordered the forfeiture of various real properties and financial accounts linked to a Racketeer Influenced and Corrupt Organizations, or RICO, Act conspiracy, and the...
View ArticleRule 60(b) can’t circumvent limits on § 2254 petitions
Where a defendant’s Rule 60 motion was essentially an attempted circumvention of the statutory limits placed on second or successive § 2254 petitions, it should have been dismissed. Background After...
View ArticleRule 60(b) can’t skirt limits on successive § 2254 petitions
Where a defendant attempted to circumvent the statutory limits placed on second or successive § 2254 petitions by filing a Rule 60 motion, it should have been dismissed. Background After the district...
View ArticleNo compassionate release despite wife’s death
Where a man moved for compassionate release after his wife, who was the primary caregiver for their minor son, died of Covid-19, the trial court did not err in denying his request after analyzing the...
View ArticleBreach of contract award survives appellate challenge
Where a company argued that it was not liable for breach of contract because the other party waived the breaching company’s performance, but the record showed the other party consistently and...
View ArticleHealth agency didn’t discriminate against employee
Where an employee for an agency that provides healthcare services to patients in their homes refused to perform direct patient care field visits because of the resulting stress on her knees, and...
View ArticleAccommodation refusal dooms ex-employee’s ADA claims
A home healthcare provider has prevailed against a former employee’s claims under the Americans with Disabilities Act after the 4th U.S. Circuit Court of Appeals affirmed dismissal because the...
View ArticleMurderer fails to show sentence was commuted
Where a man serving multiple life sentences argued that the last president commuted his sentence during a phone call with a former football star in December 2020, but the alleged conversation did not...
View ArticleInternal complaint was not protected activity
Where an employee’s internal complaint provided no basis to infer that she believed she was opposing unlawful discrimination, it was not protected activity under the law. Background Kristin Cosby...
View ArticleCriminal: District court erred when it granted habeas petition
Where the state post-conviction court concluded that a defendant’s guilty plea was knowing and voluntary, and this decision was not contrary to or an unreasonable application of clearly established...
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