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Monthly Archives: February 2009

Guest injured in robbery at Richmond motel – $1,450,000 Settlement (access required)

On Oct. 25, 2004, plaintiff was among a group of three employees of a North Carolina-based roofing company set to begin a construction project the following morning just north of Richmond. The group decided to stay overnight at the defendant’s ...

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Insurance – Policy Coverage – ‘Blanket Accident Insurance’ (access required)

A man who alleges injuries from an assault on Nov. 8, 2006, by an unknown male assailant cannot collect benefits under a “Blanket Accident Insurance Policy” purportedly purchased by plaintiff prior to the assault, a Richmond U.S. District Court holds. ...

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Consumer Protection – Real Estate – TILA – Cancellation – Deposit Refund (access required)

Two homeowners who applied to refinance but who withdrew their application prior to closing after the lender made a half-point adjustment to account for a lower-than-anticipated appraisal, are not entitled to a refund of their deposit because there was no ...

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Employment Discrimination – Sex – Failure To Promote – CIA Captain (access required)

A female captain of the CIA’s Security Protective Service cannot show the agency’s decision to defer her promotion was gender discrimination or retaliation under Title VII, as she could not rebut the proffered reasons that she needed another year to ...

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Criminal – Sentencing – ‘Three Strikes’ – Safety Valve (access required)

A defendant convicted of bank robbery has his mandatory life sentence under the “three strikes” law, 18 U.S.C. § 3559(c), affirmed by the 4th Circuit. Defendant argues the statute’s so-called safety valve applies to his robbery and therefore should not ...

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Civil Rights – Child Abuse Report – Immunity – Va. Law (access required)

The 4th Circuit affirms judgment for defendant employees of a counseling center and county social services department who reported and investigated a suspicion of child abuse, based on a communication by plaintiff mother’s counselor at the center to social services ...

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Civil Rights – Excessive Force – Suicide Threat – Qualified Immunity (access required)

The 4th Circuit upholds summary judgment for defendant correctional officers who seized from his home a man who had reportedly threatened suicide and had been known to have firearms in his home; the officers had qualified immunity from suit based ...

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Criminal – Sentencing – Career Criminal – Carnal Knowledge (access required)

Virginia’s carnal knowledge offense under Va. Code § 18.2-63 is not a “violent felony” for purposes of enhancement of his sentence as an armed career criminal under 18 U.S.C. § 924(c), and the 4th Circuit reverses a Roanoke man’s 204-month ...

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Mine companies win mountaintop appeal

A divided panel of the 4th U.S. Circuit Court of Appeals decided Friday to allow mountaintop removal mining without more extensive environmental reviews.  The 2-1 decision was written by Judge Roger L. Gregory, joined by Judge Dennis W. Shedd.  Judge ...

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Peanut company files for bankruptcy

The embattled Peanut Corp. of America has filed for bankruptcy in the Western District of Virginia. The Lynchburg-headquartered company is facing a federal criminal investigation and an expected flood of lawsuits over peanut products allegedly tainted with salmonella bacteria. PCA’s ...

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