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Monthly Archives: November 2009

Criminal – Court-Appointed Expert – Prejudice – Investigator (access required)

The Supreme Court of Virginia upholds defendant’s conviction of rape and first-degree murder of a woman, who was last seen alive with defendant, and rejects defendant’s claim that his constitutional rights were violated when the court failed to appoint an ...

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Criminal – Habeas Corpus – Ineffective Assistance – Informant’s Letters (access required)

A habeas petitioner cannot overturn his murder conviction for robbing and fatally shooting a 74-year-old woman by arguing that his trial lawyers’ failure to uncover a jailhouse informant’s letters to a federal judge, angling for a sentence reduction in exchange ...

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Intellectual Property – Patent Infringement – Canopy Chairs – Injunction (access required)

Although defendant says it had no ability to control third-party distributors who violated the court’s injunction and shipped canopy chairs that infringed on plaintiff’s patent, the Norfolk U.S. District Court says defendant is accountable for willful violation of the injunction ...

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Contract – Equipment Sales – Anticipatory Breach – Waiver (access required)

Applying a 2009 contract case from Virginia’s high court, an Alexandria U.S. District Court says defendant supplier of videoconferencing equipment did not commit an anticipatory breach of the parties’ sales agreement because plaintiff kept shipping equipment in response to defendant’s ...

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Criminal – Alien Re-Entry – Limitations (access required)

Because federal immigration officials had actual knowledge of a Salvadoran’s presence, true identity and status as an illegal re-entrant into the U.S. more than five years before issuance of an indictment charging a violation of 8 U.S.C. § 1326, the ...

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Employment Discrimination – Constructive Discharge – Sexual Harassment – Default Judgment (access required)

An Alexandria U.S. District Court grants default judgment to a female former executive on her breach of contract claim and a Bowman constructive discharge claim arising from her alleged refusal to submit fraudulent financial documents to lenders; the court awards ...

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Employment Discrimination – Title VII – National Origin – Software Engineer (access required)

An Alexandria U.S. District Court grants summary judgment to defendant Visa Inc. in this Title VII suit by plaintiff software engineer, who alleges he was terminated in discrimination against his Chinese national origin. In spring 2006, plaintiff, who was supervised ...

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Civil Rights – Prison Conditions – Grievance Procedure – Exhaustion Of Remedies (access required)

An incarcerated former correctional officer cannot sue defendant county for violation of his constitutional rights arising from defendants’ alleged failure to protect from assault by fellow inmates and failure to explain the grievance procedure to him, as plaintiff failed to ...

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Immigration – Illegal Re-Entry – Sentencing – ‘Drug Trafficking’ Offense (access required)

Rejecting its own unpublished opinion from 2007, the 4th Circuit vacates the enhanced sentence for a Guatemalan citizen convicted of illegal reentry into the U.S. because his 1998 California conviction for marijuana transport may not qualify as a “drug trafficking” ...

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