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Monthly Archives: January 2011

‘Wealth, Americanization’ Don’t Support Immigrant Petition (access required)

The 4th Circuit has no jurisdiction to review a Board of Immigration Appeals’ denial of a Salvadoran’s application for asylum and protection under the UN Convention Against Torture, based on his claim that he fears violent persecution by gangs in ...

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Defendant Objected to Drug Stipulation, Gets New Trial (access required)

Admission of a defense lawyer’s stipulation to drug testing and heroin quantity, that defendant refused to sign, violated defendant’s Sixth Amendment confrontation right, and the 4th Circuit vacates his drug conviction and orders a new trial. A jury convicted Randolph ...

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Frozen Embryos Have No ‘Standing’ to Challenge Stem Cell Research (access required)

Plaintiffs – frozen human embryos and adoptive parents of such embryos – do not have standing to challenge an Executive Order and federal research guidelines that relaxed restraints on the use of human embryonic stem cells from stem cell lines ...

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VLW IOLTA Poll: Majority backs change (access required)

Earlier this month, Virginia Lawyers Weekly featured a Web poll asking our readers what they thought of the proposal to reestablish mandatory IOLTA in the commonwealth. Sixty-seven respondents weighed in, a 74.6 percent majority favoring the repeal of a 1995 ...

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Packer backer sacked

A guy in suburban Chicago was fired from his job yesterday…for wearing a Green Bay Packers tie to work. The Chicago Tribune reports that John Stone (right), a car salesman in Oak Lawn, Ill., showed up to work Monday wearing ...

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No Attorney’s Fees for University Vendor (access required)

Although a university copy center employee was convicted of embezzlement for ordering excess toner cartridges that he sold on the side, the university still must pay for the extra toner supplier under defendant university’s contract with plaintiff business machine company, ...

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District Judge Rejects ‘Twiqbal’ for Affirmative Defenses (access required)

An Alexandria U.S. District Court declines to apply the Twombly/Iqbal standard to pleadings that raise affirmative defenses in this suit for overtime pay under the Fair Labor Standards Act. Defendant, a producer of prepared foods sold at grocery stores, allegedly ...

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No Review of Arbitration Award in Auto Dealership Case (access required)

A Dodge dealership that lost its franchise in Hampton when Chrysler was reorganized in bankruptcy is not entitled to review of an arbitration award that granted the area franchise to another dealership, as that arbitration was conducted under a separate ...

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