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Monthly Archives: October 2007

Heart procedure for Sen. John Warner a success (access required)

FAIRFAX—A procedure to correct U.S. Sen. John W. Warner’s abnormal heartbeat was a success, the Virginia Republican’s office said last Wednesday. Warner, 80, was admitted to Inova Fairfax Hospital on Oct. 2 for a procedure to correct atrial fibrillation. He ...

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Criminal – Vindictive Prosecution – Extra Drug Charges – Severance (access required)

A defendant who won a mistrial on charges related to a methamphetamine conspiracy after a police officer testified that defendant also had been involved in cocaine distribution, cannot get dismissal of a superseding indictment with additional cocaine and firearm charges ...

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Criminal – Ineffective Assistance – Appeal Waiver (access required)

On remand from the 4th Circuit, who reversed this court’s denial of a Sect. 2255 motion alleging a lawyer provided ineffective assistance when he did not note an appeal after a drug defendant waived his right to appeal in a ...

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Civil Procedure – Personal Jurisdiction – Insurance Coverage (access required)

A Norfolk federal district court does not have personal jurisdiction over defendants, a marketing company and three individual defendants, in this action filed by the insurance company who is defending the marketing company and the individual defendants in the underlying ...

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Labor – FLSA – Overtime Pay Claim – Informal Complaint (access required)

An employee of a pest control company who alleges he was terminated after complaining to his branch manager that he was not being paid for overtime work cannot state a claim under the Fair Labor Standards Act’s anti-retaliation clause, which ...

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Landlord/Tenant – Fair Housing Act – State Law Claims – Limitations (access required)

In this litigation between a residential landlord and tenant, the tenant’s Fair Housing Act and state law claims are dismissed as time-barred. The last date on which a violation of the Fair Housing Act could have accrued was Sept. 15, ...

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Negligence – Auto Accident – Lost Scheduling Order – Lost Wages Claim (access required)

In this p.i. case, a plaintiff’s supplementation of discovery responses to elevate his claim for lost wages from $143,599 to $779,960 violates Fed. R. Civ. P. 26(a)(1)(c) and will be excluded from trial. Defendants argue that under the scheduling order ...

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Attorneys – Attorney's Fees – Improperly Notarized Affidavits (access required)

Counsel for defendant who prevailed is entitled to $2,389 in costs, after the court grants in part plaintiff’s objections to defendant’s request; although plaintiff presented improperly notarized affidavits in support of her motion for summary judgment, the affidavits nevertheless could ...

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Intellectual Property – Counterfeiting – Fashion Brand – Trade Dress (access required)

Plaintiff, a fashion brand name, wins summary judgment against defendants who manufactured, imported, distributed and sold through eBay counterfeit dresses with Diane Von Furstenburg Studio (DVF) trade marks. As part of its investigation, plaintiff DVS purchased a dress bearing DVF ...

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