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Monthly Archives: June 2008

Criminal – ‘Burglarious Tool’ – Empty Purse (access required)

Although a woman admitted she emptied her large purse in order to conceal in it shoplifted store merchandise, the purse nevertheless was not a “burglarious tool” and her conviction under Va. Code § 18.2-94 is reversed by the Court of ...

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Tort – OxyContin Suit – Limitations (access required)

A pro se plaintiff’s suit against Purdue Pharma and three of its executives for allegedly causing him injury with their product, OxyContin, is dismissed by the U.S. District Court in Abingdon against the executives as barred by the statute of ...

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Employment Discrimination – Sexual Harassment – Title VII – Remittitur (access required)

A U.S. District court in Roanoke grants defendant sheriff’s motion for remittitur to reduce an award of $175,000 compensatory battery award in his former employee’s sexual harassment and state-law battery suit to $50,000. The jury found the present sheriff, in ...

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Civil Rights – Probtationary Employee – Job Termination (access required)

A probationary employee of the Russell County, Va. Department of Social Services who was terminated during her probationary period can sue defendant chair of the local DSS board for violation of her civil rights based on her claim that she ...

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Criminal – SDT – Copyright Infringement (access required)

In this prosecution of defendant for conspiring with other members of the Elite Torrents organization to infringe copyrighted materials by reproducing and distributing these through the Internet for financial gain, the U.S. District Court in Big Stone Gap grants in ...

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Conspiracy – RICO – Bid Rigging – Bribery (access required)

A U.S. District Court in Abingdon denies defendant’s motion to dismiss this civil RICO claim on the ground that the Racketeer Influenced and Corrupt Organizations Act is unconstitutionally vague because the “pattern of racketeering activity” element does not give a ...

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Civil Procedure – Personal Jurisdiction – Va. Long-Arm Statute – Transacting Business (access required)

Plaintiff couple, who as directors of a forfeited Maryland corporation executed guarantees on a loan to the corporation using their Wintergreen residence as security, can sue defendant Maryland bank in U.S. District Court in Charlottesville; the Charlottesville federal court holds ...

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Civil Rights – Due Process – Child Abuse Investigation (access required)

A father cannot sue under 42 U.S.C. § 1983 various social service officials for claims arising out of a two-year investigation into allegations that he sexually abused his young daughter because the child’s videotaped accusation against her father provided defendants ...

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Civil Rights – Constitutional – Privacy Right – Partial-Birth Abortion (access required)

A Virginia abortion statute is unconstitutional under Gonzales v. Carhart, 127 S.Ct. 1610 (2007), because it criminalizes an abortion performed by dilation and extraction even if the physician performing the abortion intended at the outset of the procedure to perform ...

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