March 18, 2013
#Arbitration, #Administrative Closing, #Jurisdiction, #Federal Abritration Act, #Arbitrator Partiality, #Age Discrimination, #Employment Discrimination
A district court does not need independent jurisdiction to reopen an administratively closed case. An arbitrator is “evidently partial” under the Federal Arbitration Act only if a reasonable person would necessarily conclude that the arbitrator was partial to one side. Continue reading
March 6, 2013
#Criminal Law, #Theft of Government Property, #Obstruction of Justice, #Monetary Judgments
For the purposes of theft of government property, an enforceable court-ordered monetary judgment in the name of a government agency against any and all of a party’s assets—including those held by financial institutions—is sufficient evidence to prove that the property was “money, or [a] thing of value of the United States.” Continue reading
March 1, 2013
#FDCPA, #§1692g
A debt collection letter may violate 15 USC § 1692 if it suggests that a debtor can call or write a debt collection agency to dispute a debt because such language could overshadow or contradict the required Validation Notice.
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February 25, 2013
#Tax, #CARDS, #IRC § 6662,
A business owner, who engaged in a CARDS transaction, was not entitled to an ordinary loss deduction because he did not have a legitimate business purpose for the transaction; thereby, he is liable for an accuracy-related penalty under § 6662 of the Internal Revenue Code. Continue reading
February 22, 2013
#SEC Rule 10b-5, #UTPCPL, #Imputation
In the aftermath of a Ponzi scheme and subsequent suit brought by investors, the Third Circuit vacated a grant of summary judgment in favor of a financial company because a material dispute of fact existed as to whether violations of SEC Rule 10b-5 and PA’s UTPCPL by one of its employees could be imputed to the financial company. Continue reading
February 12, 2013
#Civ Procedure, #Dismissal, #Poulis, #Local Rules
A district court should not consider the Poulis factors when dismissing a post-trial motion for noncompliance with procedural rules or court orders. Continue reading
