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Monthly Archives: September 2008

Criminal – Speedy Trial Act – Georgia Custody (access required)

A Lynchburg U.S. District Court denies a drug defendant’s motion to dismiss his prosecution for violation of the Speedy Trial Act, 18 U.S.C. § 3161, because defendant’s detention in Georgia state custody after his initial arrest there did not count ...

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Real Estate – Mortgage Default – RESPA – FDCPA (access required)

Plaintiff homeowners who have defaulted on their mortgage loan can still pursue claims against defendants, the mortgage lender and the trustee who conducted the foreclosure sale, under RESPA and the FDCPA; these claims are not barred by the Rooker-Feldman doctrine ...

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Insurance – ‘Additional Insured’ – Vicarious Liability – Missouri Law (access required)

A Hopewell paper company that contributed $200,000 to settle a truck driver’s negligence action against the company and a transportation contractor, for injuries from the driver’s accident with a contractor truck and a train, cannot recover for the paper’s company’s ...

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Employment – Contract – Noncompete – Kentucky Law (access required)

In a government contractor’s suit alleging defendant former employees violated a noncompete by going to work for a competing producer of secure IDs, a Norfolk U.S. District Court says applying Kentucky law to the one-year, nationwide noncompete provision does not ...

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Search & Seizure – Blanket Suppression Order – Healthcare Fraud Suspect – Tax Evasion (access required)

On interlocutory appeal, the 4th Circuit vacates a district court’s blanket suppression order of financial documents seized by federal agents from the home medical office of a doctor suspected of healthcare fraud but prosecuted for tax evasion; the district court ...

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Show us the money, court says

The Supreme Court of Virginia has ordered that documents in four wrongful death cases settled by mediation be unsealed. In the Spotsylvania County Circuit Court case, Perreault, Adm’x v. The Free Lance-Star, the parties had sought to keep the terms ...

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$16 million judgment reversed

The Supreme Court of Virginia took away today a $16 million judgment for a Richmond grocer who contended that the country’s third-largest grocery supplier forced his companies out of business. Last June, a Richmond Circuit Court jury awarded Jonathan F. ...

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Employment – Noncompete – Employment Recruiter – Functional Limitation

A skilled-trade broker in the Hampton Roads area cannot enforce its noncompete against a former manager, because the two-year agreement has no geographic or functional limitations, a Chesapeake Circuit Court says. Tradestaff & Co. v. 1800SKILLED.com (Chesapeake Cir.Ct.) (VLW 008-8-192) ...

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Supreme Court overturns anti-spam law

The Supreme Court of Virginia changed its collective mind in a big way in ruling today the state’s felony anti-spam law unconstitutional. In March, the court rejected an overbreadth challenge to Virginia Code § 18.2-152.3:1 on a 4-3 vote but ...

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Supreme Court overturns anti-spam law

The Supreme Court of Virginia changed its collective mind in a big way in ruling today the state’s felony anti-spam law unconstitutional. In March, the court rejected an overbreadth challenge to Virginia Code § 18.2-152.3:1 on a 4-3 vote but ...

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