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Author Archives: Deborah Elkins

CIVIL PROCEDURE – Consolidation Motion – Employment Discrimination (access required)

Although consolidation of these four cases alleging employment discrimination by defendant jail would serve judicial economy and convenience, an Abingdon U.S. District Court magistrate judge recommends denial of the motion to consolidate because of differences in plaintiffs’ jobs at the ...

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EMPLOYMENT DISCRIMINATION – Title VII – Sex – Jail Employees (access required)

A female detention officer who was terminated from her job at the jail fails to state a claim against defendants who are all either supervisors and/or agents of the employer, who do not have supervisory liability under Title VII, and ...

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CRIMINAL – Sentencing Guidelines – Ex Post Facto Clause (access required)

A Big Stone Gap U.S. District Court says it must reference the 2003 sentencing guidelines in effect on the date defendant was convicted of receipt and transport of child pornography, because application of the current guidelines would violate the Ex ...

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LABOR – FLSA – Good Faith – Liquidated Damages (access required)

In this action for overtime pay under the Fair Labor Standards Act, a Roanoke U.S. District Court says defendant automotive supply store, a small, family-owned business, acted in good faith belief that overtime pay was only required for hourly employees, ...

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CIVIL RIGHTS – Police Officer Termination – Procedural Due Process (access required)

A town police officer who says he relied on the police chief’s statement that he could keep his benefits if he resigned, has stated a plausible claim that his resignation was sufficiently involuntary to trigger due process protection, a Harrisonburg ...

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CRIMINAL – Forfeiture Notice – Bill Of Particulars – Itemized Property List (access required)

A Danville U.S. District Court grants the government’s motion for an order of forfeiture of defendant’s property, including real estate in North Carolina and $1,300 in cash, for defendant’s gun and drug transactions. Defendant asserts that the indictment is defective ...

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TORT – Business Conspiracy – Trade Secrets – Limitation Of Liability Clause (access required)

A New Jersey telecommunications company that sold nationwide telephone numbers for locksmith services for a Virginia telecommunications company, can sue the Virginia company for allegedly conspiring to destroy the plaintiff company’s business and failing to pay it commissions, and a ...

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