Quantcast
Home / 2007 / December / 03 (page 2)

Daily Archives: December 3, 2007

Antitrust – Limitations – Fraudulent Concealment – Inquiry Notice (access required)

In this antitrust suit filed by GO Computer Inc., who alleged defendant Microsoft took a variety of anticompetitive actions to drive out of business GO’s PenPoint technology for a handheld computer with a stylus pen, the district court did not ...

Read More »

Criminal – Capital Case – N.C. Law – Ineffective Assistance (access required)

The 4th Circuit rejects a North Carolina death-row defendant’s challenge to his third capital sentence, which raises claims related to the effectiveness of his counsel, his awareness of the consequences of his plea, and the sentencing court’s refusal to admit ...

Read More »

Employment – FLSA – Bakery Production Workers – Uniform Policy (access required)

Employees at a Sara Lee bakery production plant may pursue claims under the Fair Labor Standards Act, originally filed as state court contract and tort claims, for the time spent changing from street clothes into uniforms at the plant, which ...

Read More »

Employment – Termination – Md. Wage Claim – WARN Act (access required)

A woman who lost her sales job with a company that specializes in leasing-information technology equipment when the company’s assets were sold loses her lawsuit seeking additional payment under her former employer’s commission structure, based on her claims for breach ...

Read More »

Criminal – Burglary – Conspiracy – Grand Larceny – Joinder (access required)

A trial court did not err in joining for trial multiple charges against defendant arising from his participation in a series of burglaries occurring on one date at a Rockingham County trailer park, and defendant’s convictions of burglary, grand larceny ...

Read More »

Criminal – Grand Larceny – BB Gun (access required)

At defendant’s trial for grand larceny in the theft of a paint sprayer from a home that was being remodeled, the trial court did not abuse its discretion by allowing the commonwealth to introduce into evidence a BB gun found ...

Read More »

Criminal – Larceny – Stolen Lottery Tickets (access required)

A defendant cannot overturn his larceny conviction for the theft of lottery tickets and cigarettes from a Gretna grocery store with his challenge to a jury instruction that he says unconstitutionally commented upon his failure to testify by informing the ...

Read More »

Criminal – Murder One – Principal In Second Degree (access required)

A defendant’s conviction of first-degree murder is reversed because the commonwealth failed to present a prima facie case on its theory that defendant was guilty as a principal in the second degree in the fatal shooting of a man at ...

Read More »

Domestic Relations – Equitable Distribution – Classification – Firearms (access required)

Although husband and wife prolonged their dispute over how much of husband’s collection of firearms and firearms accessories, valued at over $100,000, was acquired prior to the parties’ marriage in 1987, the appellate court, on review of the record, rejects ...

Read More »

Search & Seizure – Auto Search – Reasonable Suspicion (access required)

A circuit court erred in denying defendant’s motion to suppress a spoon and syringe found in a search of defendant’s car; the officer had no reasonable, articulable suspicion to make a “sweep” of the car’s interior after observing the car ...

Read More »