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Sam Heldman


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Thursday, May 01, 2003

No. 02-306 Virginia v. Hicks

When it came out, I read the opinion of the most excellent Virginia Supreme Court, which, incidentally has plans to swear in me and the other two or three hundred survivors of the February bar examination on June 3. Richmond decided that it would combat drugs by making sure that anyone on the streets outside public housing had a good reason to be there. If the police catch you without a good reason, you can be banned from the property, and arrested for trespassing if you go back, even if you have a good reason the second time. Hicks was arrested trying to bring diapers to his daughter. I think the court will AFFIRM.

No. 02-306 Beneficial Nat’l Bank v. Anderson

The last case is about removal jurisdiction. I think this is the third removal jurisdiction case this term. The question is whether under the National Bank Act, state law usury claims are completely preempted such that a state law usury claim is actually a federal claim and can be removed to federal court. The Eleventh Circuit held that the National Bank Act does not completely preempt state law usury claims for purposes of removal. It so happens that the judge for whom I will be working later this year was on the panel. Not only that, the opinion is very well reasoned, so I think the Court will AFFIRM.