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Monthly Archives: February 2012

Delivery Driver Discipline Not Discriminatory (access required)

An African-American package delivery driver who alleges race discrimination in his termination and retaliation when he was reassigned to a different route after he successfully grieved his termination, loses his case on summary judgment as the employer has demonstrated plaintiff’s ...

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PSR ‘Facts’ Don’t Pass Muster for ACCA (access required)

A district court committed plain error when it used the presentence report’s discussion of the circumstances surrounding defendant’s two prior violent-felony convictions  to apply an Armed Career Criminal Act enhancement under 18 U.S.C. § 924 when sentencing defendant as a ...

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Court Cautions Against ‘Drive-By’ Jurisdiction Rulings (access required)

Invoking the Supreme Court’s warning against “drive-by jurisdictional rulings,” the 4th Circuit sorts out the differences between motions under 12(b)(1) and 12(b)(6) and reverses the district court’s dismissal of a Jones Act claim, saying plaintiff’s allegation of injury to his ...

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Supreme Court to consider GPS tracking (access required)

In the wake of the U.S. Supreme Court ruling that secret GPS tracking by police is a search that likely requires a warrant, the Virginia Supreme Court will consider the case of a Northern Virginia assault suspect who was caught ...

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