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Yearly Archives: 2008

Civil Rights – Schools – IDEA – Tuition – Attorney’s Fees (access required)

In this case involving a special education student’s reimbursement claims under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., on remand from the 4th Circuit, the district court finds that the private Riverview School in Massachusetts ...

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Criminal – Forfeiture Reform Act – Attorney’s Fees (access required)

A petitioner who successfully recovered funds from a bank account the government seized from third parties in a criminal forfeiture proceeding is entitled to an award of $17,222.50 in attorney’s fees under the Civil Asset Forfeiture Reform Act. The district ...

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Civil Rights – Disability – Rehabilitation Act – Va. Inmate (access required)

A Virginia inmate who suffers from Guillain-Barre syndrome, a neurological disorder that has caused nerve damage in his feet, can sue for defendant Department of Corrections’ alleged denial of benefits such as a cane and a wheelchair, under § 504 ...

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Employment – Discrimination – Race – School Administrative Employee (access required)

An African-American woman who worked as a high-school registrar for the Williamsburg-James City County public school system has failed to offer any credible evidence that race discrimination, as opposed to poor job performance, led to her termination, and the district ...

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Intellectual Property – PTO Rule Change – Patent Exams – TRO (access required)

Plaintiff SmithKline Beecham Corp., the largest pharmaceutical company in the world, wins summary judgment preventing implementation of proposed changes in substantive rules of the Patent and Trademark Office that would limit the number of continuing applications, requests for continuing examinations ...

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Criminal – Habeas Corpus – Sixth Amendment – W.Va. Rape Shield Law (access required)

At defendant’s West Virginia state court trial for sexually molesting his granddaughter, because the trial court applied a per se exclusionary rule based on its interpretation of the state rape shield law to exclude cross-examination of a prosecution expert on ...

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Employment – Bank Officer Termination – ‘Officer’ Status – Preemption (access required)

A Bank of America senior vice president who was fired for failure to cooperate with an investigation into a private banking client’s financial records cannot sue for wrongful discharge under state law; as an “officer” of the bank, his termination ...

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Criminal – Guilty Plea – Rule 11 Colloquy – Projected Sentence (access required)

A defendant’s guilty pleas on drug and firearm charges are vacated and defendant gets the chance to replead as his earlier Rule 11 hearing did not adequately account for the fact that he could be sentenced as an armed career ...

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Bankruptcy – Discharge Revocation – Ch. 7 – Willful Refusal (access required)

A bankruptcy court miscalculated the level of “intransigence” a Chapter 7 debtor must show to lose her discharge in bankruptcy, and the 4th Circuit reverses a revocation of discharge for a debtor who refinanced her home a few days after ...

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Patient alleges broken rib caused by chiropractor – Defense Verdict (access required)

Plaintiff alleged that a chiropractor fractured his rib during the first series of manual adjustments of his thoracic spine, yet continued with additional adjustments, despite severe chest pain. He further alleged that despite the increasingly severe pain, the chiropractor failed ...

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