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Monthly Archives: November 2010

Search & Seizure – Felon In Possession – ‘Right Result, Wrong Reason’ Doctrine (access required)

Applying the “right result, wrong reason” doctrine, the Supreme Court of Virginia reverses a firearms conviction because it was error to affirm denial of a suppression motion on the ground that defendant consented to the seizure of a gun and ...

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Search & Seizure – Auto Passenger – PCP Vial – ‘Right Result, Wrong Reason’ (access required)

Because the factual record for defendant’s motion to suppress PCP in his pocket supports appellate review of whether the trooper had reasonable articulable suspicion to pat down defendant, or probable cause to arrest, both Fourth Amendment issues, the Supreme Court ...

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Civil Procedure – Discovery Sanctions – Time Records – Overtime Pay (access required)

In this suit for overtime pay under the Fair Labor Standards Act, defendant employer cannot excuse its delayed response to discovery requests by saying plaintiffs themselves filled out these time records, and a Richmond U.S. District Court sanctions the employer ...

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Medical Malpractice – Failure To Diagnose – Cancer – Expert Disclosures (access required)

A Richmond U.S. District Court grants summary judgment to defendant healthcare providers in plaintiff’s suit alleging defendants twice diagnosed her with genital warts when in fact she had genital cancer; plaintiff has not complied with the rules for disclosure of ...

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Products Liability – Fraud – Prempro Drug – Breast Cancer (access required)

In plaintiff’s suit alleging the hormone therapy drug Prempro caused her breast cancer, an Alexandria U.S. District Court grants summary judgment to defendant manufacturer on plaintiff’s claim for fraudulent concealment, based on additional undisputed facts defendant has submitted on this ...

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Contract – Government Contract – False Claims Act – Software Products (access required)

In this False Claims Act case in which the government alleges defendant Oracle made false and fraudulent statements to the General Services Administration in connection with a software contract with federal agencies, the Alexandria U.S. District Court dismisses certain claims ...

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Civil Procedure – Settlement – Enforceable Agreement – Written Terms (access required)

An Alexandria U.S. District Court denies plaintiff company’s motion to enforce a settlement agreement brokered by the magistrate judge, who recommended enforcement of the agreement, as the parties clearly contemplated production of an additional written agreement that embodied the terms ...

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Bankruptcy – Circuit City – Employee Claims – Class Actions (access required)

The bankruptcy court did not err in denying a motion filed by plaintiffs, former Circuit City employees, to apply Bankruptcy Rule 7023 to their class proofs of claim which allege violations of California labor law; a Richmond U.S. District Court ...

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