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Recent Articles from Rebecca Lightle
Immigration – Law covering “de minimis” theft no grounds for removal
Because not all of the offenses encompassed under Maryland’s theft statute qualify as crimes involving moral turpitude, the Board of Immigration Appeals erred in concluding that the petitioner committed such crimes and was thus ineligible for cancellation of removal. Background Petitioner Maricela Martinez is a native of Mexico who entered the country illegally when she […]
Criminal Practice – Scam “reloader” targeted vulnerable victims
The district court did not err in applying a “vulnerable victim” sentencing enhancement to a defendant who worked at a fraudulent telemarketing center as a “reloader,” targeting individuals who had already fallen for the scheme at least once, in the hopes that they will fall for it again. Background From 2007 through February 2015, Appellant […]
Constitutional – Shooting suicidal man was excessive force
An officer violated the Fourth Amendment in shooting a suicidal man who had a knife but was threatening only himself. The officer was entitled to qualified immunity, but the unconstitutionality of his actions is clearly established as of the date of this opinion. Background Appellant Damon Wilson went to the home of his former girlfriend, […]
Constitutional – Data breach victims have standing for contract claims
After credit cards were fraudulently opened in their names, a class of optometrists alleged an injury in fact traceable to their professional organization. Background In July 2016, optometrists across the nation noticed that Chase Amazon Visa credit card accounts had been fraudulently opened in their names. The creation of those accounts — which required the […]
Civil Practice – Court lacked jurisdiction to weigh equitable tolling
A petitioner filed her “innocent spouse” tax claim one week late because IRS representatives allegedly misinformed her of the filing deadline, but the U.S. Tax Court had no authority to waive compliance. Background The IRS charged Shari and Derek Nauflett as jointly and severally liable for unpaid taxes, interest, and penalties for tax years 2002–04 […]
Civil Practice – PETA can challenge N.C. employee access law
Animal rights groups sufficiently alleged an injury-in-fact to support their standing to challenge a recent North Carolina statute allowing employers to hold their employees civilly liable for damage caused by unauthorized access to nonpublic areas. Background The North Carolina Property Protection Act provides a private right of action against any person who “exceed[s] the scope […]
Criminal Practice – Non-contact child porn victims entitled to restitution
A defendant waived his right to appeal an award of $100,000 restitution to his child victim, but the district court’s reasons for denying restitution to other, non-contact victims contradicted U.S. Supreme Court precedent. Background Appellant Mario Dillard used computer programs that allowed him to view, download, and upload child pornography. One website required him to […]
Criminal Practice – Revocation hearing no vehicle to attack sentence
The district court considering revocation of supervised release correctly determined that it lacked jurisdiction to consider the defendant’s challenge to the constitutionality of his underlying sentence. And based on the nature of the defendant’s threats to his family members and his history of violent offenses, the district court did not impose a plainly unreasonable new […]
Criminal Practice – “Career offender” designation was error
After prevailing on a prior motion under 28 U.S.C. § 2255, the defendant was resentenced but improperly designated as a career offender. This incorrect designation led to application of the wrong version of the Guidelines Manual to determine his Guidelines range. As a result, resentencing is required. Background In 1992, Defendant Eddie Fluker was convicted […]
Constitutional – Fired officers’ due process claims can proceed
Under clearly established law, publication of public safety officers’ allegedly defamatory termination letters to the media before holding a name-clearing hearing supported the officers’ claims of due process violations. Background During the summer of 2014, Officers with the Bald Head Department of Public Safety engaged in a group text-message chain discussing topics including the Dep[...]
Civil Practice – $150,000 sanction on counsel, firms upheld
Attorneys’ “egregious” conduct was designed to, and did, mislead the district court, the 4th Circuit affirmed. They challenged the authenticity of a loan agreement for two years before revealing that they possessed an identical copy, obtained from their client, before filing the complaint. Their firms ratified their conduct and were thus jointly liable, though an […]
Civil Practice – Judgment debtor didn’t delay payment owed to Medicare
A plaintiff who was owed a medical-malpractice judgment that would partially be reimbursed to Medicare had standing to sue the judgment debtor for delayed payment. However, the 37 days between the judgment and payment did not constitute “delay.” Background In 1980, Congress enacted the Medicare Secondary Payer Act, making Medicare an entitlement of last resort, […]
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- NC transgender health case might go to high court
- Murdaugh pleads guilty to financial crimes
- Alabama redistricting case before Supreme Court
- Band leader: ‘Doing my job’ when arrested
- Court orders part of abortion referendum rewritten
- VIDEO: Counsel’s focus firmly set on reproductive rights
- Lawsuit faults Google Maps in deadly crash
Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
