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Monthly Archives: June 2007

Real Property – Condemnation – Valuation (access required)

In this case involving the taking by the federal government of two parcels of land comprising 0.10 of an acre of land in the Town of Grundy, the magistrate judge recommends just compensation of $83,000 to be divided amongst the ...

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Wills & Trusts – Retirement Plan Assets – Beneficiary Designation Form (access required)

Although decedent and his wife executed a prenuptial agreement stating that all property acquired by each prior to the marriage would remain separate property, that agreement does not affect disposition of husband’s retirement savings plan where decedent husband failed to ...

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Civil Rights – Serial Rapist Investigation – DNA Request (access required)

A youthful-looking black male who is suing a Charlottesville police officer and the city for equal protection and Fourth Amendment violations for allegedly targeting youthful-looking black males with requests for voluntary production of DNA samples in order to investigate an ...

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Consumer Protection – FDCPA – Attorney's Fees (access required)

A debtor who accepted defendant law firm’s offer of judgment to settle her claim under the Fair Debt Collection Practices Act for $1,001 in statutory damages, costs, expenses and attorney’s fees “accrued to date and as determined by the Court ...

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Criminal (access required)

Obstruction Of Justice – Murder For Hire – Perjury A defendant convicted of separate counts of perjury and obstruction of justice related to her incarcerated stepfather’s alleged efforts to hire someone to kill witnesses against him has a conviction on ...

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Criminal – Bill Of Particulars – Bribery – FEMA Contracts (access required)

A defendant charged with paying bribes during a period when his company was working on a clean-up operation after a flood in Buchanan County in connection with FEMA has his motion for a bill of particulars denied, in light of ...

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Criminal – Contempt – Sentence Alteration (access required)

A district court declines to alter its earlier order finding a lawyer guilty of criminal contempt and fining him $2,500 for his violation of an earlier order that he not refer to government witnesses as liars during closing arguments in ...

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Criminal – Death Penalty – Cellmate Murder – Jury Instructions (access required)

In this bifurcated capital sentencing proceeding for a defendant convicted of the murder of his cellmate, the district court denies defendant’s proffered jury instructions on several issues. The first issue raised was whether it was appropriate to instruct the jury ...

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Criminal – Sentencing – Obstruction Of Justice – Perjury (access required)

A woman convicted of obstruction of justice and perjury for offenses related to her stepfather allegedly having solicited murder-for-hire of witnesses in his drug case is sentenced to 36 months in prison, not the 70 to 87 months recommended by ...

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Employment – ERISA – 401(k) Plan – Beneficiary Change (access required)

Although decedent’s widow has failed to prove fraud in her suit alleging that she did not read a form waiving her rights to her husband’s 401(k) plan when she signed the document, she has demonstrated that because the form did ...

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