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Monthly Archives: May 2010

Employment Discrimination – Disability – Multiple Surgeries – Thumbless Hands (access required)

A man who was born without thumbs and had undergone a number of surgeries over his lifetime, and who recently worked as a gas operations technician for defendant Micron Technology, loses on summary judgment his claim that his termination violated ...

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Real Estate – Commercial Lease – Fraudulent Guaranty – Agency (access required)

A commercial landlord did not check out defendant broadcast company’s FCC filings or its website to verify the story of the company founder’s son, “Junior,” that he was authorized to sign for “Senior’s” company to guarantee a lease for Junior’s ...

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Civil Rights – Public Housing – Section 8 Voucher – Portability (access required)

A man who moved from Pennsylvania to Virginia and sought to have his Section 8 voucher for public housing accepted for rental assistance in Virginia does not have a private cause of action to sue for an alleged violation of ...

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Civil Rights – Theft Arrests – Probable Cause (access required)

Acknowledging “skepticism” in the 4th Circuit as to whether the right to avoid malicious prosecution is a “clearly established” constitutional right, a magistrate judge for the Big Stone Gap U.S. District Court recommends dismissal of plaintiff’s § 1983 suit alleging ...

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Civil Procedure – Diversity – Nondiverse Defendant – Involuntary Dismissal (access required)

A Harrisonburg U.S. District Court determines sua sponte that it lacks diversity jurisdiction in this fraud and contract case against a tanning salon franchiser because a federal court cannot exercise jurisdiction over a case that becomes removable due to the ...

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Contract – False Claims Act – Attorney’s Fees – Vexatious Suit (access required)

A qui tam action filed by a former employee of government contractor IIF Data Solutions, which resulted in a defense verdict after a seven-day trial, was “clearly frivolous and vexatious” and an Alexandria U.S. District Court awards the contractor $501,546 ...

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Attorneys – Attorney’s Fees – FLSA – Rule 68 Offer – Laffey Matrix (access required)

In this overtime-pay case, an Alexandria U.S. District Court approves attorney’s fees up to $290 per hour, a price a little lower than the Laffey Matrix rate specified in the client’s contract. The Rule 68 offer of judgment and this ...

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