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Monthly Archives: May 2009

Criminal – Habeas Limitations – Equitable Tolling – Mental Incapacity (access required)

Although most courts have sensibly concluded that a petitioner’s mental incapacity or disability can rise to the level necessary to trigger equitable tolling of the one-year statute of limitations applicable to 28 U.S.C. § 2254 habeas petitions, this Virginia inmate’s ...

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People search: How to locate someone (access required)

You need to find someone. You don’t have much more than a name and an address that is probably outdated. Hiring an expensive private investigator isn’t an option. Lawyers face this scenario with some frequency. It might be locating a ...

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Criminal – Brady Claim – Wire Fraud – Seminar (access required)

A Richmond U.S. District Court denies defendant’s motion for a mistrial based on alleged violations of the government’s obligations under Brady v. Maryland and the Jencks Act, 18 U.S.C. § 3500. made on the second day of defendant’s trial. The ...

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Civil Procedure – Patent Infringement – Sealing Exhibits – Trade Secrets (access required)

In this patent infringement suit involving a “Content Delivery Network,” a shared infrastructure for delivery of third-party content to end users, a Norfolk U.S. District Court denies a motion by non-party Savvis to intervene for the limited purpose of moving ...

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Stop for just one license plate doesn’t hold up (access required)

A Greensville County detective might have suspected there was more amiss than the absence of a front license plate on the rental car from Pennsylvania, but he said that was the reason he pulled the Toyota Matrix with two black ...

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State worker’s e-mail is ‘protected’ (access required)

An employee e-mail that called for “desperate measures” for “desperate times” was not a threat that justified firing the state employee. In an April 17 decision from Richmond Circuit Court, Judge Melvin R. Hughes said the employee, a 22-year state ...

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Negligence – Slip & Fall – Alternate Theories (access required)

A woman who alleges she was injured when she fell on an unmarked wet, slippery floor at defendant Wal-Mart store need not choose at the preliminary pleading stage among her three negligence theories, but may assert her separate “failure to ...

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Consumer Protection – Fair Credit Reporting Act – Mortgage Application – Limitations (access required)

A Richmond U.S. District Court rejects defendant mortgage lender’s contention that a mortgage applicant’s Fair Credit Reporting Act claim is time-barred because plaintiffs knew or should have known about their claim no later than the date of their closing. Plaintiff ...

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’09 ‘Food Frenzy’ tops prior effort by 23% (access required)

The third annual Legal Food Frenzy raised 23 percent more food than the previous effort, and the total of 1.6 million pounds exceeded the drive’s goal by 100,000 pounds. The Richmond law firm of Schettine & Nguyen will receive the ...

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Civil Procedure – Consent Decree – Attorney’s Fees – Discovery (access required)

A Richmond U.S. District Court grants plaintiff’s motion to compel to allow discovery pursuant to Fed. R. Civ. P. 69 in aid of enforcement of an award of attorney’s fees provided for in the Consent Decree approved by the court ...

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