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Civil Digest

Mar 2, 2020

Court Error – Presentence Investigation Report

Keith Melvin hoped to obtain a copy of his presentence investigation report before his sentencing hearing.

Mar 2, 2020

FLSA Violation – Arbitration Agreements

The Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201 et seq. (“FLSA”), requires employers to pay overtime wages to certain employees, see id. §§ 207(a), 213.

Mar 2, 2020

Plea Withdrawal – ACCA Violation

Albert Dowthard pleaded guilty to being a felon in possession of a firearm. 18 U.S.C. § 922(g).

Mar 2, 2020

Immigration – Removal Order

Jorge Baez-Sanchez, a citizen of Mexico, is removable as a criminal alien. His conviction for aggravated battery of a police officer renders him inadmissible.

Mar 2, 2020

Immigration – Removal Order

Ismael Rangel-Rodriguez and Eleazar Hernandez-Perdomo are both Mexican citizens who have never been lawfully admitted to the United States.

Mar 2, 2020

Sentencing Guidelines – Enhancement

Police found over 80 grams of red methamphetamine in a car.

Mar 2, 2020

Class Action – FDCPA Violation – Plain Language

Neal Preston brought this putative class action in which he claimed that Midland Credit Management, Inc. (“Midland”), had sent him a collection letter that violated the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692–1692p.

Mar 2, 2020

Judgment – Liability

The Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., requires the collector of a consumer debt to send the consumer-debtor a written notice containing, among other information, “the name of the creditor to whom the debt is owed.” § 1692g(a)(2).

Feb 12, 2020

ERISA – Fiduciary Duty

In Fifth Third Bancorp v. Dudenhoeffer, 573 U. S. 409 (2014), we held that “[t]o state a claim for breach of the duty of prudence” imposed on plan fiduciaries by the Employee Retirement Income Security Act of 1974 (ERISA) “on the basis of inside information, a plaintiff must plausibly allege an alternative action that the defendant could have taken that would have been consistent with the se[...]

Feb 12, 2020

Bankruptcy – Automatic Stay

Under the Bankruptcy Code, filing a petition for bankruptcy automatically “operates as a stay” of creditors’ debt collection efforts outside the umbrella of the bankruptcy case. 11 U. S. C. §362(a).

Feb 12, 2020

Successor Liability Claim – De Facto Merger

Lunda Construction Company (Lunda) alleges that Veritas Steel, LLC (Veritas), and third-party defendants Atlas Holdings, LLC (Atlas), and Bridge Fabrication Holdings, LLC, took unfair advantage of PDM Bridge, LLC's (PDM) loan defaults, "with the intent to gain ownership of PDM's lucrative steel fabrication business for grossly inadequate consideration through a secretive, unlawful and fraudulent p[...]

Feb 12, 2020

Ineffective Assistance of Counsel

Sterling Olsen appeals a judgment of conviction for armed robbery as a party to the crime and an order denying postconviction relief.

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