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Monthly Archives: August 2009

Securities – Fraud – PSLRA – Scienter (access required)

Disappointed investors’ allegations that defendant company was seeking to avoid a default on its credit agreements in its statement to investors on a goodwill impairment charge do not adequately allege scienter under PSLRA pleading requirements, but the 4th Circuit says ...

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Federal compensation program invoked for seizures from vaccine – $843,176 plus lifetime benefits (access required)

Thomas Bell received his 6-month-old administration of diphtheria, tetan-us and pertussin vaccine. The following day he exhibited seizure activity. Seizure activity has continued for nine years since administration of the vaccine. Claimant provided medical evidence that the seizure activity was ...

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911 tapes lead to witness to injuries to teacher’s aide – $2,982,000 Settlement (access required)

The plaintiff, a 53-year-old teacher’s aide, suffered multiple serious injuries in a motor vehicle collision, including a traumatic brain injury, pelvic and acetabulum fractures, and a recurrent traumatic diaphragmatic hernia. The plaintiff remained in Fairfax Hospital for several weeks following ...

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Civil Rights – Wolf Seizure – Qualified Immunity – Hybrid Animal (access required)

In this “case about a wolf named Dutchess,” the 4th Circuit upholds qualified immunity for an animal control officer who removed the wolf from its owners’ residence. This is a case about a wolf named Dutchess. Concerned that the wolf’s ...

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Admiralty – Fuel Bunkers – In Rem Action – Maritime Lien (access required)

In this maritime action in which Panamanian corporation Triton Marine Fuels Ltd., S.A, alleges that it supplied the M/V PACIFIC CHUKOTKA Vessel with fuel bunkers in a foreign port but was never paid; the 4th Circuit reverses summary judgment for ...

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Appeals court rejects petition by DC sniper

A panel of the 4th U.S. Circuit Court of Appeals today turned thumbs down on the habeas petition of John Allen Muhammad, sentenced to death in Virginia for his role in one of the DC sniper shootings in 2002. Muhammad ...

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Appeals court rejects petition by DC sniper

A panel of the 4th U.S. Circuit Court of Appeals today turned thumbs down on the habeas petition of John Allen Muhammad, sentenced to death in Virginia for his role in one of the DC sniper shootings in 2002. Muhammad ...

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‘Actual innocence’ case to be appealed

Attorney General Bill Mims today announced he will ask for review of the Dustin Turner case by the full Court of Appeals. A panel of that court split two-to-one this week in granting a writ of actual innocence for the ...

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