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Lynn Adelman

21-CV-326 Spencer v. Meisner

21-CV-326 Spencer v. Meisner

Decision and Order

The court granted petitioner Jared Spencer’s petition for a writ of habeas corpus. The court found that the state court relied on materially inaccurate information at sentencing in violation of petitioner’s due process right to be sentenced on the basis of accurate information. The court further found that the Wisconsin Court of Appeals unreasonably applied Chapman v. California, 386 U.S. 18 (1967), in its harmless error analysis.

23-CV-159 Hulce v. Zipongo Inc

23-CV-159 Hulce v. Zipongo Inc

Decision and Order

In a case alleging violations of the Telephone Consumer Protection Act’s do-not-call regulation, the court determined that a call to the plaintiff urging him to utilize a free service available under his health insurance did not “encourage the purchase” of any good or service and therefore was not a “telephone solicitation” within the meaning of the Act.

11-CV-560 United States of America et al v. Sikorsky Aircraft Corporation et al

11-CV-560 United States of America et al v. Sikorsky Aircraft Corporation et al

Decision and Order

The court decided the parties’ motions for summary judgment in a case involving the False Claims Act and cost-plus-a-percentage-of-cost contracting. Among other things, the court held that the implied false certification theory of liability applies when a government contractor submits a claim for reimbursement while knowing that the government may not legally pay the claim.

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