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Opinion Digests

Amendment Barred to Name ‘John Doe’ Officers (access required)

A Charlottesville U.S. District Court denies plaintiff leave to amend his suit alleging multiple “John Doe” defendants violated his rights under 42 U.S.C. § 1983 with respect to actions taken by law enforcement agents after they obtained an emergency custody ...

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Individual ‘Lemon Law’ Claim Survives (access required)

A Charlottesville U.S. District Court dismisses claims in these three cases alleging Hyundai Motor Corporation misstated or misrepresented the gas mileage obtained by Hyundai Elantras, except for a single plaintiff’s Lemon Law claim based on the on-board mileage calculator. The ...

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No Free Speech Claim from Facebook Comment Removal (access required)

A prosecutor’s deletion of plaintiff’s comment on the Loudoun County Commonwealth’s Attorney’s official Facebook page, and blocking of plaintiff from leaving further comments for several months, did not violate plaintiff’s First Amendment rights, an Alexandria U.S. District Court holds; defendant ...

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No FCA Claims Against Individual Contractor Execs (access required)

Plaintiff, a former deputy program manager and chief of security in Kabul, Afghanistan for defendant government contractor, cannot sue individual employees of defendant corporation for retaliation under the False Claims Act; the FCA, both before and after the 2009 amendment, ...

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Defendant Waived Rights, Then Said No More ‘Talk’ (access required)

Although defendant concedes he knowingly and voluntarily waived his Miranda rights, translated by a Vietnamese-speaking agent, he unequivocally invoked his right to remain silent 20 minutes later when he said he would “talk no more” and said he was ready ...

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