Tag Archives: federal premption

July 23, 2013 4th Circuit published opinions

Cioca v Rumsfeld Cioca and other service members brought suit alleging Secretaries Rumsfeld and Gates did not prevent rape in the military and seeking money damages through a Bivens action. The district court dismissed the suit and the panel affirmed. … Continue reading

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March 25, 2013 4th Circuit published opinions

McCauley v Home Loan Investment Bank, F.S. B. McCauley obtained a mortgage form a savings and loan association (which Home Loan eventually succeeded in interest) to refinance her trailer home. After she declared bankruptcy, she sued home Loan for fraud … Continue reading

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March 20, 2013 United States Supreme Court opinions

Decker v Northwest Environmental Defense Center Center sued under the Clean Water Act seeking fines and other enforcement actions against two companies which created logging roads in Oregon as storm water running off these road carried dirt and gravel into … Continue reading

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December 26, 2012 4th Circuit published opinion

Decohen v Capital One NA Capital One assumed a contract for the sale of a used car to Decohen. One of the terms of the contract was the forgiveness of any outstanding balance on the loan in thee vent the … Continue reading

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August 8, 2012 South Carolina published opinions

Supreme Court Weston v Kim’s Dollar Store Weston bought a pair of UV resistant contact lenses from an unauthorized vendor. She developed an infection which left her blind in one eye. She sued the vendor and manufacturer alleging various theories … Continue reading

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June 25, 2012 United States Supreme Court opinions

Miller v. Alabama Miller was convicted for murder based on acts committed when he was 14. He received a mandatory sentence of life without parole. The Alabama Court of Criminal Appeals affirmed his sentence. In a companion case, a 14 … Continue reading

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