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Monthly Archives: September 2009

Criminal – Drug Conspiracy – Mandatory Life Sentence (access required)

An Abingdon U.S. District Court overrules defendant’s objections to his mandatory life sentence under 21 U.S.C. § 841(b)(1)(A), for his fourth felony drug conviction, despite defendant’s claim that two of his prior North Carolina convictions were not “felony drug offenses” ...

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Civil Procedure – Discovery Abuse – Tax Return Disclosure (access required)

A Harrisonburg U.S. District Court dismisses plaintiff’s fraud and Truth-in-Lending claims against defendant lender, for plaintiff’s failure to cooperate in discovery, including his invocation of the Fifth Amendment and refusal to disclose his 2006-2007 tax returns, and says that plaintiff ...

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Brachial plexus injury blamed on absence of cesarean section – Defense Verdict (access required)

During her pregnancy in 2005, which was complicated by obesity and gestational diabetes, the plaintiff received prenatal care from defendant obstetrician. On June 2, 2005, the plaintiff presented to the hospital for labor and delivery. During the delivery, the obstetrician ...

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Consumer Protection – TILA – Mortgage Broker – ‘Creditor’ (access required)

A Charlottesville U.S. District Court denies plaintiff’s motion for default judgment in this suit alleging violation of the Truth in Lending Act by defendant Loanlenders of America Inc. because defendant was the mortgage broker, not the lender, and Loanlenders and ...

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Civil Procedure – Removal – Remand – Employment Contract (access required)

Although employer says it removed this wrongful termination suit to federal court because plaintiff alleges he was terminated after he refused to falsify information regarding an evaluation of another employee, who purportedly was discharged because of union organizing activity, a ...

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Criminal – Guilty Plea Withdrawal (access required)

An Abingdon U.S. District Court denies defendant’s motion to withdraw his plea of guilty to conspiracy with intent to distribute and distribute 50 grams or more of cocaine base, based on recanting his earlier testimony, as defendant has offered no ...

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Civil Procedure – Cost Assessment – Plaintiff’s Income (access required)

A Lynchburg U.S. District Court waives an assessment of costs against a plaintiff who pursued her claim against defendant trucking company, as plaintiff makes $8,000 annually cleaning houses and still owes money on her mobile home, which has a lien ...

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