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Monthly Archives: May 2008

Criminal – Murder – Firearm Use – Inconsistent Verdicts (access required)

A man charged with first-degree murder and use of a firearm in the commission of murder, in the fatal shooting of his wife after a Fourth of July party, can be convicted of using a firearm “while committing or attempting ...

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Civil Rights – University Grad Student – Academic Dismissal – Immunity (access required)

A chemistry graduate student who alleges he was deprived of due process when the U.Va. chemistry department dismissed him for failure to timely complete requirements for a master’s degree has his suit dismissed by the U.S. District Court in Charlottesville ...

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Civil Procedure – Default Judgment – Good Cause (access required)

A U.S. District Court in Charlottesville grants defendant trust company’s motion to set aside a default judgment against it, based on the company’s showing of good cause. As cited in Payne ex rel. Estate of Calzada v. Brake, 439 F.3d ...

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Civil Rights – FTCA – VA Hospital – Med-Mal Claim (access required)

In this suit alleging the death of a former patient at the Salem Veterans Administration Medical Center resulted from medical malpractice and negligence under the Federal Tort Claims Act and a civil rights violation under Bivens, the U.S. District Court ...

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Contract – Arbitration – Radio Sales (access required)

A U.S. District Court in Lynchburg has personal jurisdiction over a South Korean electronics distributor that allegedly ordered 15,000 custom-designed data radios from plaintiff Lynchburg manufacturer, but the court dismisses this breach of contract action because the parties’ contract contains ...

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Taxation – IRS Summons – Limitations – Tax Assessments (access required)

A U.S. District Court in Alexandria grants a petition for enforcement of an IRS summons seeking information from respondent taxpayer related to his income tax liability for tax years 2001 and 2002, over the taxpayer’s objection that the petition is ...

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Employment Discrimination – Sexual Harassment – Assault – Remittitur (access required)

An African-American female bookkeeper who won her suit alleging sexual assault and battery in the workplace by her white male supervisor can keep her damage awards – $40,000 compensatory and $150,000 punitive – as the U.S. District Court in Alexandria ...

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Civil Procedure – E-Mail Production – AOL Subpoena – Privacy Act (access required)

A U.S. District Court in Alexandria quashes a subpoena duces tecum issued by State Farm to AOL to obtain six weeks’ worth of e-mail from an AOL account belonging to insurance adjusters who reported alleged fraud with respect to State ...

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