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Monthly Archives: July 2009

CONTRACT – Coal Supply Agreement – Termination – Liquidated Damages (access required)

Plaintiff Philip Morris USA wins summary judgment as to defendant Appalachian Fuels’ liability on a fixed-price coal supply agreement to supply plaintiff with 90 percent of its coal requirements for its Park 500 and Bells Road facilities, for $62.50 per ...

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CIVIL PROCEDURE – Class Certification – Securities Fraud – Loss Causation Proof (access required)

An Alexandria U.S. District Court grants plaintiffs’ motion to certify two subclasses in this securities fraud suit filed by two state employee pension funds as lead plaintiffs, alleging accounting fraud by defendant Mills Corporation and related entities. Mills Corporation was ...

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EMPLOYMENT – ERISA – Union Pension Fund – Withdrawal Liability (access required)

A Richmond U.S. District Court dismisses plaintiff Teamsters Pension Fund’s ERISA suit against defendant Weidner Realty seeking to impose withdrawal liability of $485,936 on defendant, based on the business relationship between employer Empire Beef, who ceased operations in Richmond in ...

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CRIMINAL – Guilty Plea – Rule 33 Motion (access required)

A Richmond U.S. District Court denies defendant’s pro se motion to vacate its earlier decisions denying defendant’s motion to dismiss the indictment charging him with cocaine conspiracy and his Rule 33 motion to vacate his judgment of conviction and grant ...

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CRIMINAL – Habeas Relief – Ineffective Assistance – Cocaine Sentencing (access required)

An Alexandria U.S. District Court denies petitioner’s § 2255 motion to set aside his sentence for conspiracy to distribute cocaine base that claims his lawyer provided constitutionally ineffective assistance of counsel by failing to object to the government’s approximation of ...

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CONTRACT – Vocational School Accreditation – Termination Threat – California Law (access required)

Applying California law, an Alexandria U.S. District Court dismisses a negligence claim by plaintiff Career Care Institute Inc., a California corporation that operates vocational schools, against defendant Accrediting Bureau of Health Education Schools Inc., a Virginia accrediting agency recognized by ...

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CIVIL RIGHTS – Bivens Claim – Right To Counsel – Jailhouse Informant (access required)

A pro se plaintiff who was investigated while in jail on marijuana charges and ultimately indicted for solicitation of murder of a local commonwealth’s attorney, cannot sue defendants for allegedly violating his right to counsel by having a jailhouse informant ...

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CRIMINAL – Attorneys – Conflict Of Interest (access required)

Although one of the federal public defenders representing this defendant in a 49-count fraud case formerly was in private practice with another lawyer who represented a private party in a separate but related civil fraud action against defendant, a Norfolk ...

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