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Law Digest

Law digest – 12/3/12

MARYLAND COURT OF APPEALS Criminal Law, Theft: Defendant was not guilty of theft under CL §7-104(d), where the State failed to prove that, at the time defendant cashed a counterfeit check, she knew that the money was delivered by mistake. ...

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Opinions – 11/26/12: 4th U.S. Circuit Court of Appeals

Administrative Law Social Security disability BOTTOM LINE: In case involving petitioner’s application for Social Security disability benefits, administrative law judge (“ALJ”) erred in failing to give retrospective consideration to medical evidence created after last date petitioner was insured for purposes ...

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Law digest – 11/19/12

4th U.S. Circuit Court of Appeals Civil Procedure, Forfeiture: Mandatory 90-day time limit in federal civil forfeiture statute is non-jurisdictional statute of limitations, and defendant therefore waived this defense by failing to raise it during course of government’s forfeiture action ...

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Opinions – 11/19/12: 4th U.S. Circuit Court of Appeals

Civil Procedure Forfeiture BOTTOM LINE: Mandatory 90-day time limit in federal civil forfeiture statute is non-jurisdictional statute of limitations, and defendant therefore waived this defense by failing to raise it during course of government’s forfeiture action against him. CASE: U.S. ...

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Opinions – 11/13/12: 4th U.S. Circuit Court of Appeals

Civil Procedure Diversity jurisdiction BOTTOM LINE: In actions against defendants for violations of antitrust laws and unfair trade practices act, in which State of South Carolina was the sole named plaintiff, State was pursuing quasi-sovereign interest and State’s additional request ...

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Opinions – 11/5/12: 4th U.S. Circuit Court of Appeals

Criminal Procedure Contempt BOTTOM LINE: In finding defendant guilty of criminal contempt on the sole basis of his tardiness at trial, the court failed uphold safeguards required under Federal Rules of Criminal Procedure, including notice, reasonable time to prepare a ...

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