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Monthly Archives: August 2009

Labor – FLSA – Overtime Pay – Attorney’s Fees (access required)

On an overtime-pay plaintiff’s fee petition under the Fair Labor Standards Act, an Alexandria U.S. District Court grants plaintiff $69,967.60 in attorney’s fees, instead of the $106,780.15 petitioner seeks. Plaintiff was represented by The Employment Law Group PC, which tasked ...

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Civil Procedure – Damages – Expert Testimony – ‘Unfair Surprise’ (access required)

Plaintiff aviation company may not offer testimony of another expert in lieu of its designated expert on the subject of damages suffered by plaintiff, an Alexandria U.S. District Court rules. It is undisputed that the proffered expert at issue, Steven ...

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Employment Discrimination – Race – Ethnicity – State Grievance – Claim Preclusion (access required)

A state employee who litigated his wrongful termination claim, but not his race and ethnic discrimination claim, by filing a grievance with his state employer, is precluded under Virginia’s claim preclusion doctrine from asserting his Title VII discrimination claim, an ...

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Commercial – UCC – Limitations (access required)

A debtor whose 1995 Jeep Grand Cherokee was repossessed and sold by defendant Chase Auto Finance Corporation has his claim for a UCC Article 9 violation dismissed as time-barred by the Richmond U.S. District Court. Plaintiff contends that violations of ...

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Criminal – Afghan Assault – CIA Contractor – Jurisdiction (access required)

The 4th Circuit upholds the criminal conviction in U.S. district court of a CIA civilian contractor, an American citizen, for a brutal assault on an Afghan national in Afghanistan; however, his case is remanded for resentencing. This case arises from ...

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Administrative – Election Laws – Chilling Effect – Abortion (access required)

A district court did not abuse its discretion, the 4th Circuit says, when it denied plaintiff “The Real Truth About Obama Inc.” a preliminary injunction against enforcement of federal election regulations that allegedly chilled plaintiff’s right to disseminate information about ...

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Criminal – Sentencing – ‘Reasonableness’ Presumption – Child Porn Recipient (access required)

A middle-aged man with no criminal record and a steady employment history, who expressed remorse and pleaded guilty to receipt of child pornography, has his 210-month, bottom-of-the-guidelines sentence vacated; the 4th Circuit says defendant must be resentenced because the trial ...

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Criminal – Forfeiture – Ex-Wife’s Bank Account – Attorney’s Fees (access required)

A woman who successfully petitioned for return of the proceeds of a bank account seized by the government in criminal forfeiture proceedings against her ex-husband is not entitled to attorney’s fees under the Equal Access to Justice Act, and the ...

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