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Daily Archives: October 22, 2007

Administrative – Pollutant Discharge Permit – Subdivision Utility (access required)

An Accomack County Circuit Court orders the State Water Control Board to issue a sewage discharge permit to plaintiff Captain’s Cove Utility Company, to allow it to discharge treated effluent from a large residential subdivision in the northeastern corner of ...

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Criminal – Voluntariness Of Confession – Internet Solicitation (access required)

A defendant questioned about his Internet solicitation of a minor female cannot overturn his confession, including a letter of apology to the “victim,” by saying he was tricked because he did not know he was communicating with an undercover officer ...

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Antitrust – Antitrust Standing – Consumer & Competitor Rule – Tolling (access required)

In these cross-appeals from interlocutory orders in an antitrust action against Microsoft by Novell Inc., the owner of WordPerfect and Quattro Pro, the 4th Circuit affirms the district court’s rejection of Microsoft’s contention that Novell lacked antitrust standing as neither ...

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Contract – Yarn Sales – Arbitration – Antitrust Claims (access required)

In this class action suit by yarn buyers who alleged defendant manufacturers engaged in a price-fixing conspiracy in violation of the Sherman Act, the district court erred in holding that some of the yarn sale contracts in question did not ...

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Bankruptcy – Equitable Subrogation – Hospital Operation – Ch. 11 (access required)

National Emergency Services, a creditor of debtor hospital, is not entitled to equitable subordination of the hospital’s debt to another lender who has advanced funds to the hospital to pay legal fees and costs and allowed it to continue operating ...

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Civil Rights – Excessive Force – Arrest – Taser Gun (access required)

Two plaintiffs who allege they were hit multiple times with a stun gun after police officers arrested them at a convenience store on a charge of possible intoxication can sue defendant police officers in their individual capacity for alleged violation ...

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Civil Rights – Negligence – Jail Suicide – Jailer Liability (access required)

A defendant county wins summary judgment in this negligent wrongful death suit filed by the estate of a 35-year-old man with a history of mental illness who committed suicide while in jail awaiting trial on a sexual offense. Decedent had ...

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Criminal – Drug Conspiracy – Oxycontin Sales (access required)

A defendant convicted of a drug trafficking conspiracy is not entitled to judgment of acquittal or a new trial on a charge of conspiring to possess with intent to distribute, or distributing, oxycodone in violation of 21 U.S.C. Sects. 846, ...

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Criminal – Sentencing – Advisory Guidelines (access required)

A defendant convicted of possession of a firearm as a convicted felon is sentenced to 77 months in prison, beyond the custody range of 46 to 57 months under federal sentencing guidelines recommendations, because defendant’s sexual deviancy requires further protection ...

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