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Monthly Archives: March 2009

Civil Rights – Administrative – ABC License – Bar Search (access required)

An Alexandria U.S. District Court takes a second look at a pool hall owner’s complaint that his civil rights were violated when a police team entered for an administrative search that allegedly uncovered only one minor liquor law violation, and ...

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Criminal – Upward Departure – Criminal History (access required)

The 4th Circuit affirms a 240-month prison sentence for a defendant who pleaded guilty to robbery and firearm offenses, even though defendant contends the district court failed to explain its reasons for an upward departure that doubled the sentencing guidelines’ ...

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Criminal – Sex Offender Registration (access required)

The 4th Circuit overturns four defendants’ convictions for failure to register as sex offenders, in violation of the federal statute, 18 U.S.C. § 2250(a); the appellate court declines to reach defendant’s constitutional challenges, finding that, as a matter of statutory ...

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Labor – Contract Negotiations – Management Letter – Profane Response (access required)

The Tampa Tribune did not violate federal labor laws by firing a pressman who responded to a supervisor’s report about a company vice president’s lawful letter reporting on the status of contract negotiations with a profane comment that he “might ...

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Civil Rights – Hospital Staff Privileges – Sexual Abuse Allegation – Immunity (access required)

The 4th Circuit affirms summary judgment for defendant hospital and its officials in this suit by plaintiff surgeon who alleges defendants violated his due process rights by suspending his hospital staff privileges based on allegations that he had sexually abused ...

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Employment – ERISA – Workers’ Comp Offset – Plan Language (access required)

An ERISA plan allowed a plan beneficiary’s workers’ comp benefits to be offset against his plan disability payments, even though the workers’ comp benefits were for an illness unrelated to the claimant’s disability; the 4th Circuit upholds as reasonable the ...

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Admiralty – Diversity Jurisdiction – Injured Seaman (access required)

The 4th Circuit says a Maryland federal district court had no subject matter jurisdiction over this suit by a Bulgarian citizen who alleges injury and disability during his former employment aboard a Royal Caribbean Cruise ship, operated by a Liberian ...

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Negligence – Injured Seaman – Jones Act – Prejudgment Interest (access required)

The 4th Circuit upholds a Jones Act award of $150,000 to a seaman who injured his back when he slipped and fell on fish slime and gurry on the dock near defendant’s fishing charter operating out of Cape Hatteras National ...

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Almost mass tort

A Roanoke lawyer has filed four lawsuits against Lynchburg enema-maker C.B. Fleet Co. alleging the company over-promoted the use of its Fleet Phospho-soda laxative (the stuff you might have been told to drink before a colonoscopy). Each of the four ...

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