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Monthly Archives: December 2008

Civil Procedure – Default Judgment – Corporate Defendant (access required)

An Alexandria U.S. District Court accepts a magistrate judge’s recommendation to enter default judgment of $117,540 for plaintiff consultant and against a corporate defendant for breach of contract, but not against the individual defendant who signed the contract as a ...

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Employment Discrimination – Title VII – Race – Venue (access required)

A pro se plaintiff’s suit alleging race discrimination in violation of Title VII arising from the IRS’s denial of certain job positions to plaintiff is transferred to the Alexandria U.S. District Court, based on the location of the alleged acts. ...

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Civil Procedure – Recusal Motion – Bias Claim (access required)

A designer who claimed defendant Macy’s stole his idea for a clothing line and ad campaign inspired by jazz singer Josephine Baker has his second motion for recusal on the ground of alleged judicial bias denied by an Alexandria U.S. ...

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Criminal – Sentencing – Perjury – Gang Accusation (access required)

A defendant convicted of making false statements to a grand jury about his membership in the MS-13 gang, knew that he was lying to the grand jury investigating two murders, and his sentence will be enhanced under USSG § 2J1.3(c)(1), ...

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Civil Rights – Attorney’s Fees – ‘Prevailing Party’ (access required)

After seven years of litigation that led to an injunction against enforcement of Virginia Alcoholic Beverage Control Board regulations that discriminated against out-of-state producers and sellers of wine and beer, a Richmond U.S. District Court judge accepts the report and ...

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Civil Procedure – Civil Forfeiture – Exotic Wood – ‘Household Effects’ (access required)

A couple returning from State Department employment in Nicaragua cannot claim the several tons of wood from an endangered species of Nicaraguan rainforest tree are “household effects,” and the wood is forfeited due to their violation of U.S. law, an ...

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Contract – Arbitration – Political Consultant – Implied Agreement (access required)

A political consultant who breached his employment contract can’t overturn a $366,037 judgment against him by claiming the contract’s arbitration clause did not call for judicial enforcement, the 4th U.S. Circuit Court of Appeals says. The consultant contends the arbitration ...

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Environmental – State Agency – Sovereign Immunity (access required)

The director of the South Carolina Department of Transportation cannot invoke 11th Amendment sovereign immunity to have a court dismiss this suit by the South Carolina Wildlife Federation claiming the state agency’s proposed construction of a bridge violates the National ...

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Search & Seizure – Defective Search Warrants – Good Faith Exception (access required)

On interlocutory appeal, the 4th Circuit reverses district court orders suppressing evidence found in the residences of two drug conspiracy defendants, and remands for an inquiry whether the Leon good –faith exception supports admission of the evidence. The affidavit at ...

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Corporate – SOX Whisteblower Claim – Fraud – Billing Discrepancy (access required)

In this Sarbanes-Oxley whistleblower case, the 4th Circuit affirms the Department of Labor decision that plaintiff, a former airline official, was not entitled to SOX protection for her report to management of a billing discrepancy that allegedly reflected a scheme ...

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