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Monthly Archives: September 2011

Court Upholds Award on Restrictive Covenant (access required)

In this suit involving a therapy contractor’s claims that nine defendant facilities terminated their contracts and then hired 57 of the contractor’s former employees in violation of a restrictive covenant, a Lynchburg U.S. District Court affirms an arbitrator’s award that ...

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Deponent Sanction Not Applied Against Defendants (access required)

In this suit by plaintiff investors in a wood products business against their business manager’s alleged kickback scheme, an Abingdon U.S. District says although several defendants who refused to answer deposition questions may not use their own testimony at trial, ...

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No ‘actual innocence’ writ for Navy Seal trainee

The Supreme Court of Virginia today unanimously turned away the appeal of Navy Seal trainee Dustin Turner, who sought a writ of actual innocence after a codefendant confessed to the murder of a young woman the two had met in ...

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Judicial study group: Use chief judges to balance regional caseloads (access required)

Virginia’s existing court districts and circuits are so intertwined with other government services that they should not be changed, at least for now. That’s the conclusion of a court-appointed study panel after a fast but intense study of Virginia’s judicial ...

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Lost in translation

A defendant who spoke no English and relied on a telephone translation to explain the felony charges against him has been allowed to withdraw his guilty plea. Harrisonburg U.S. District Court Judge Michael F. Urbanski allowed Raul Tronco-Ramirez to withdraw ...

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Head ’em off at the pass(word)

Computer security gurus Sharon Nelson and John Simek have enumerated a number of “Stupid mistakes that lawyers make with technology.” Two of the eight errors they flag involve computer passwords, or, the failure to take precautions when creating or safeguarding ...

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Performance Prompted Termination, Not Disability (access required)

The Alexandria U.S. District Court grants employer federal agency summary judgment on a former employee’s claim that her termination violated the Rehabilitation Act; the record demonstrated that employer would have terminated employee for legitimate performance reasons regardless of claim of ...

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