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Monthly Archives: October 2008

Criminal – Mail Fraud – Restitution – Currency Investments (access required)

A Richmond U.S. District Court denies a motion for restitution filed by a purported victim of a convicted mail fraud defendant’s scheme of fraudulent currency investments, because the government has proved that claimant’s investment of $565,000 in cash in defendant’s ...

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Gov. Kaine eyes seats in Norfolk (access required)

Gov. Timothy M. Kaine could appoint three judges to Norfolk Circuit Court as soon as this week, according to sources familiar with the maneuvering among legislators and the governor’s staff. Sen. Kenneth W. Stolle, R-Virginia Beach, and Sen. Yvonne B. ...

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Civil Procedure – Removal – Remand – Slip & Fall (access required)

A magistrate judge of the Richmond U.S. District Court remands this supermarket slip-and-fall case to Virginia state court, rejecting defendant supermarket’s claim that plaintiff fraudulently joined the store manager as a defendant to avoid federal court jurisdiction. According to plaintiff’s ...

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Employment – Contract – Confidentiality Agreement – Injunction Stay (access required)

A Richmond U.S. District Court refuses to stay a preliminary injunction granted to plaintiff fire sprinkler company against defendant, a former “Service Manager” at the company’s Orlando, Fla. Office, who left to work for one of plaintiff’s principal competitors. Incident ...

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Minority firm gets to keep $15.2M (access required)

Holding a celebration at a company dinner after the firing of a minority subcontractor probably isn’t a good idea. And it’s definitely not a good idea to read a letter written in Ebonics that ostensibly was from the president of ...

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Criminal – Habeas Corpus – Ineffective Assistance (access required)

A Virginia death-row defendant known as the “Beltway Sniper,” who was convicted of the 2002 killing of a Virginia Beach man, has his petition for a writ of habeas corpus rejected by an Alexandria U.S. District Court. John Muhammad filed ...

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Civil Rights – Election Laws – PAC – Abortion Ad (access required)

A political group, “The Real Truth About Obama Inc.,” is not entitled to a preliminary injunction to prevent the Federal Election Commission from enforcing regulations plaintiff group says are unconstitutional and should not be allowed to prevent the group from ...

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Condo touts VSB’s new way to vet judiciary (access required)

The confirmation of Alexandria lawyer Anthony J. Trenga last month to a federal district judgeship vindicates the nominating procedures of statewide bar groups and the bipartisan approach of U.S. Senators John Warner and Jim Webb. That’s the view of Joseph ...

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Firm up claims, defenses sooner, not later, case says (access required)

A recent decision of the 4th U.S. Circuit Court of Appeals serves as an important reminder to lawyers practicing in federal court that they risk waiving critical claims or defenses by waiting too long to solidify their legal theories. In ...

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Administrative – Medicaid Plan – Post-Eligibility Income – Nursing Home Patients (access required)

The 4th Circuit denies a Maryland state Medicaid agency’s petition for review of the disapproval of a change to Maryland’s State Medicaid Plan that would eliminate deductions for uncovered medical expenses incurred by Medicaid recipients prior to becoming eligible for ...

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