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Home / 2007 / April (page 13)

Monthly Archives: April 2007

Criminal – Ineffective Assistance – Brady Claim – Discovery (access required)

A defendant convicted for a fraudulent scheme of contracting with the government to provide “detector dogs” who could not do their job is not entitled to a new sentencing. Defendant was charged with devising a scheme to obtain money from ...

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Civil Procedure – Expert Witness Qualification (access required)

In this action for overtime pay under the Fair Labor Standards Act, the district court grants plaintiff’s motion to exclude reference to a plaintiff’s assertion of the attorney-client privilege, but it grants the motion to exclude testimony on “memory” from ...

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Civil Rights – Schools – Autistic Student – Private School Reimbursement (access required)

Although defendant school board acted ethically in pursuing a vigorous defense and challenging every issue in this IDEA suit in which an autistic student won reimbursement for private school expenses, the school board’s strategy necessitated a great deal of legal ...

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Corporate – Shareholder Appraisal Action – Forum Selection Clause (access required)

This removed shareholder appraisal action brought pursuant to Va. Code Sect. 13.1-729 et seq. must be remanded to Virginia state court because the defendant agreed to litigate her appraisal rights action in a Virginia state court when she purchased shares ...

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Employment – Contract – Pension Payments (access required)

In this dispute between plaintiff company and defendant, its former CEO, the court holds that defendant, by receiving payments from a Canadian pension that he effectively has received value for in a lump-sum payout, and failing to reimburse the company, ...

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Civil Procedure – Attorney's Fees – Pension Payout (access required)

The court denies attorney’s fees to defendant, the wife of a former CEO that had an employment and termination agreement with plaintiff company, and that allegedly acted in bad faith by including the former wife as a defendant in the ...

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Contract – Government Contract – False Claims Act – Medical Billing (access required)

A physician cannot pursue a suit under the False Claims Act, 31 U.S.C. Sect. 3730(e)(4), because the allegations about another physician fraudulently billing Medicaid, Medicare and private insurers for unnecessary biopsies during colonoscopies are derived from newspaper articles about the ...

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