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Monthly Archives: March 2007

Criminal – Sentence Enhancement – Child Pornography (access required)

A defendant who used LimeWire file-sharing software that allowed others to access his computer files of child pornography was engaged in “distribution” and he is eligible for the sentencing enhancement under USSG Sect. 2G2.2(b)(3)(B). The issue before the court is ...

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Criminal – Death Penalty – Resentencing – Sect. 2255 Remedy – Ineffective Assistance (access required)

A defendant whose death sentence was set aside under 28 U.S.C. Sect. 2255 because his lawyer provided constitutionally ineffective assistance of counsel, will be resentenced by the jury without consideration of the death penalty, because the trial court does not ...

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Insurance – Duty To Defend – Mold Exposure – Fungus Exclusion (access required)

A landlord’s general business liability policy does not require the carrier to defend against two tenants’ personal injury claims for injuries from exposure to mold because the policy in effect at the time of the tenants’ alleged injuries contained a ...

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Employment – Professor – Department Chair Reappointment (access required)

A professor who sued defendant state university for employment discrimination on the basis of national origin discrimination under Title VII for its failure to reappoint him as a department chair in the university’s School of Business, has his case dismissed. ...

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Commercial – Automobile Dealer – Financing Agreement – Abstention (access required)

An automobile dealer that lost its state court litigation against its inventory financing entity cannot now sue in federal court; the dealer’s federal claims are dismissed. commercial dispute pitting an automobile dealer against an automobile manufacturer and its finance subsidiary ...

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Rehearings Granted (access required)

On March 13, 2007, the Virginia Court of Appeals granted rehearing en banc in Travelers Property Cas. Co. of American v. Ely (VLW 007-7-033), Record No. 1056-06-1. The published panel opinion of Feb. 6 held that an insurance carrier who ...

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Chuck Rosenberg’s new part-time job

Although no one here in the Old Dominion got the ax, the U.S. Attorney firings story now has a local angle: Attorney General Alberto Gonzales yesterday appointed Chuck Rosenberg, the U.S. Attorney in the Eastern District of Virginia, as his ...

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Experts’ reports

A discovery ruling in a black lung case may have ramifications for protecting work-product and confidential communications in other kinds of litigation. Elm Grove Coal Company was trying to overturn black lung benefits awarded to a retired miner named Ivan ...

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A law firm’s worst nightmare?

U.S. Attorney John Brownlee and Attorney General Bob McDonnell made a joint announcement this morning that may strike fear in just about any law office…or at least send lawyers scurrying to check their internal procedures. A woman who was a ...

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In Memoriam: Thomas Mason

Thomas Mason served in the Navy during World War II with a young Bostonian named John F. Kennedy. In 1962, when he was in the White House and there was opening in the U.S. Attorney’s post in Roanoke, Kennedy named ...

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