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Yearly Archives: 2010

Search & Seizure – Vehicle Search – Miranda Warnings (access required)

Prosecutors cannot use defendant’s statement that he owned a white pickup truck parked nearby in his drug prosecution because the detectives did not give defendant Miranda warnings, but the Norfolk U.S. District Court will wait until trial to decide whether ...

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Constitutional – Federal Health Care Challenge – Commerce Clause (access required)

A Richmond U.S. District Court strikes § 1501 of the Patient Protection and Affordable Care Act, a provision that requires individuals to either obtain a minimum level of health insurance coverage or pay a penalty for failure to do so, ...

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Employment Discrimination – Title VII – National Origin – Accrued Leave (access required)

An Alexandria U.S. District Court says an Iraqi maintenance technician loses his Title VII national origin suit alleging he was illegally terminated from his job at a condominium complex after he took extended leaves that had been denied because he ...

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Tort – Defamation – Theft Accusation – Armored Truck Driver (access required)

A Richmond U.S. District Court refuses to dismiss a defamation claim filed by a former driver for defendant armored truck company, who alleges the company’s termination letter implicitly accused him of stealing money from ATMs by listing monetary shortages on ...

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Contract – Forum Selection Clause – ‘Subject To Jurisdiction’ (access required)

In an international contract between a Virginia corporation and a United Kingdom corporation for an ingredient used to manufacture an anesthetic, the 4th Circuit interprets a forum selection clause making the contract “subject to jurisdiction” in the UK to require ...

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Criminal – Passport Fraud – Identity Theft – Conspiracy (access required)

A defendant who changed his son’s name and obtained a variety of identification documents and then applied for a passport in that name, can be convicted of conspiracy to commit identification document fraud and aggravated identity theft, says the 4th ...

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Criminal – Sentencing – Firearm Charge – Felony Escape – Violent Crime (access required)

The 4th Circuit vacates a defendant’s sentence on a firearm charge because, when calculating the advisory sentencing range under the guidelines, the district court erred by counting defendant’s conviction for felony escape under Georgia law as a crime of violence ...

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Search & Seizure – Vehicle Stop – Detention – Drug Dog (access required)

A trooper did not violate the Fourth Amendment when, after issuing a driver a warning about his window tint and questioning the driver and his passenger on matters unrelated to the traffic stop, the trooper briefly detained defendant and called ...

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Bail jumpers and bounty hunters

A bail bondsman’s encounter with a man at a funeral must have looked a little like an episode of “Dog the Bounty Hunter.” Clifton L. Collins came up from North Carolina to Mecklenburg County because he heard a man he ...

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