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Monthly Archives: May 2010

Civil Rights – Jail Inmate – Prescription Narcotic Pain Medication (access required)

Although plaintiff had a prescription for Percocet for recent shoulder surgery when he was sentenced to jail time, he has not demonstrated defendant jail officials were deliberately indifferent to his serious medical need when they denied him narcotic pain medication, ...

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Contract – Mandatory ADR – Contractor – Wrongful Termination Claim (access required)

In a contractor’s dispute with defendant hospital, the parties clearly agreed to require the contractor to first submit claims to the architect and use informal negotiation, then mediation, prior to filing suit, and a Culpeper County Circuit Court sustains the ...

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Criminal – Sentence Reduction – Plea – Specific Performance (access required)

Although defendant contends his extra assistance to the government warrants an additional motion under Fed. R. Crim. P. 35(b) for a further sentence reduction, a Harrisonburg U.S. District Court says defendant violated the terms of his plea agreement by appealing ...

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Criminal – Acquittal – Hung Jury – Health Care Fraud – Collateral Estoppel (access required)

A defendant charged with a scheme in which her employer, an ambulance company, fraudulently billed for transporting dialysis patients who were ambulatory can be retried for health care fraud in violation of 18 U.S.C. § 1347, after a jury acquitted ...

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Bankruptcy – Abusive Filing – Means Testing – Interlocutory Appeal (access required)

A Roanoke U.S. District Court cannot review a bankruptcy court’s order that the means testing for abusive filings does not apply to petitions filed as Chapter 13 and converted to Chapter 7; because the order is interlocutory, the appeal is ...

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Tort – Defamation – Website – City Councilman (access required)

A Norfolk Circuit Court sua sponte vacates its order, entered one day earlier, prohibiting defendants “May4thCounts.com” and a “Disgruntled Citizen” from using the website, and ordering its removal from the Internet. According to the complaint, the website publishes “certain information ...

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Medical Malpractice – Failure To Diagnose – Continuous Treatment Rule (access required)

A Richmond Circuit Court defers ruling on defendant physician’s plea of the statute of limitations in plaintiff’s suit alleging failure to diagnose, pending production of additional medical evidence. Plaintiff alleges failure to diagnose his cancerous condition during treatment that took ...

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Criminal – Custodial Interrogation – Airport Customs (access required)

A defendant was not in custody for Fourth Amendment purposes because a reasonable person returning to the U.S. through customs would have perceived the restriction attendant to questioning by the federal officers to be unlike the restraint imposed by a ...

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