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Yearly Archives: 2007

Labor – Protected Activity – Employee Walkout – Supervisor Firings (access required)

Because employees of Smithfield Packing Company’s independently contracted cleaning services were not engaged in concerted protected activity under federal labor law, 29 U.S.C. Sect. 157, when they walked out in protest over the termination of certain supervisors, the 4th Circuit ...

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Employment – Pension Benefits – Survivor Annuity – Divorced Spouse (access required)

A divorced wife of a man entitled to a longshoreman’s pension will not receive a survivor annuity even though the parties’ final divorce decree awarded her a share of his pension and he filed a form electing a lump-sum benefit ...

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Civil Procedure – Discovery – Motion To Compel – Expert Witnesses – Sanctions (access required)

In this litigation between plaintiff insurance company and defendant, Cockrell’s Marine Railway Inc., the district court grants in part plaintiff’s motion to compel responses to discovery; upon review of defendant’s responses to requests for interrogatories, expert witness interrogatories and production ...

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Negligence – Store Surveillance Tapes – Spoliation (access required)

A magistrate judge denies a slip-and-fall plaintiff’s request for a jury instruction allowing an adverse inference to be drawn from defendant store’s destruction of certain surveillance videotapes allegedly utilized on the date of the subject incident. The spoliation of evidence ...

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Intellectual Property – Patent Infringement – PTO Reexamination (access required)

A district court stays plaintiff NTP Inc.’s several patent infringement suits against defendant companies, pending the outcome of a reexamination of six related patents by the U.S. Patent & Trademark Office after a finding in an earlier lawsuit that Research ...

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Criminal – Sentencing – False Statement – Firearm Possession (access required)

A defendant who pleaded guilty to making a false statement in connection with his purchase of a firearm and to unlawful possession of a firearm and ammunition, will receive a sentence of 40 months in prison, within his applicable guidelines ...

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Criminal – Sentencing – Child Pornography – Diminished Capacity (access required)

A defendant who pleaded guilty to receipt of child pornography and coercion and enticement of a minor is not entitled to a downward departure on the basis of diminished capacity, which he seeks based on his diagnosis of bipolar disorder. ...

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