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Tag Archives: Judge J. Harvie Wilkinson III

Virginia’s Three-Tier Ballot Order Upheld (access required)

The 4th Circuit affirms dismissal of Lib­ertarian political candidate Robert Sarvis’ constitutional challenge to Virginia’s three-tiered ballot ordering law; the three-tiered ballot ordering law imposes little burden on appellant’s constitutional rights and Virginia articulates several important interests sup­porting the law. ...

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4th Circuit: Carrier has duty to defend, even if there are excluded claims – Declaratory judgment (access required)

On March 3, 2015, homeowners sued ARC Construction LLC and Ali Ergul, ARC’s manager, in the District of Co­lumbia Superior Court with regard to renovation and demolition work performed on their neighbors’ half of a duplex home. The plaintiffs, who ...

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Burglaries Were on ‘Separate’ Occasions (access required)

A district court did not err in determin­ing that during a two-day crime spree, defendant committed two separate bur­glaries on different occasions, making de­fendant eligible for an enhanced sentence under the Armed Career Criminal Act; the 4th Circuit affirms defendant’s ...

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EEOC Can Enforce Subpoena in Illegal Worker Case (access required)

In considering an undocumented alien’s Title VII claim against defendant carwash, a district court erred in refus­ing to enforce the EEOC’s subpoena seek­ing information related to the complaint; whether and to what extent Title VII cov­ers undocumented aliens is a ...

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Bank loses coverage due to ‘corporate screw-ups’ (access required)

Bank-FEA

Attention corporate defendants: Failure to pay heed to internal processes and timely submit that civil complaint and summons to your insurance company can be very expensive. American Bank Holdings Inc. found out the hard way. Due to an eight-month delay ...

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