No Securities Fraud Claim for ‘Worthless’ Notes

Teacher Can’t Suppress Child Pornography Statements

By Deborah Elkins
Published: March 12, 2013
Tags: Criminal, Judge James C. Cacheris, U.S. District Court - Eastern District

The Alexandria U.S. District Court denies a graduate teaching student’s motion to suppress statements made to federal investigators in two interviews four hours apart, the second after a computer forensic review and signed waiver of Miranda rights; although federal agents initially entered with weapons drawn, the first interview at defendant’s residence was not custodial considering [...]

‘Willfulness’ Standard Disputed in Campaign Donation Case

By Deborah Elkins
Published: February 25, 2013
Tags: Criminal, Judge James C. Cacheris, U.S. District Court - Eastern District

In defendants’ prosecution for illegally soliciting and reimbursing contributions from their employees to Hillary Clinton’s political campaigns, the Alexandria U.S. District Court denies a defendant’s motion to reconsider the meaning of the “willfulness” element of the charged campaign finance violations. Defendant argues that, contrary to the court’s conclusion, campaign finance laws are complex and the [...]

Franchisor Wins Case on Discovery Admissions

By Deborah Elkins
Published: February 12, 2013
Tags: Contract, Judge James C. Cacheris, U.S. District Court - Eastern District

An auto service center franchisor wins summary judgment in Alexandria U.S. District Court on its contract claim against a defendant who failed to pay the advertising expenses or operational fee under the franchise agreement and failed to properly transfer assets; the court says defendant has not met the test under Fed. R. Civ. P. 36(b) [...]

Landlord Says No Early Termination

By Deborah Elkins
Published: February 4, 2013
Tags: Judge James C. Cacheris, Real Estate, U.S. District Court - Eastern District

Although plaintiff, a commercial tenant, seeks a quick resolution of its right to early termination of a Lease for the use of space by government contractors who have relocated, the Alexandria U.S. District Court says the parties must first conduct discovery and then consider seeking summary judgment. Plaintiff Schaefer Corporation is the tenant and defendant [...]

No Claim from Ban on Postal Worker’s Book Ad

By Deborah Elkins
Published: January 29, 2013
Tags: Employment Discrimination, Judge James C. Cacheris, U.S. District Court - Eastern District

An employee of the U.S. Postal Service can’t recover for Title VII religious discrimination based on postal officials’ removal from post office bulletin board advertisements about the employee’s religious and genetic research and theories and a book he published to advance those theories; the Alexandria U.S. District Court grants summary judgment to defendant, as plaintiff [...]

Attorney’s Fees Awarded for Citizenship Denial

By Deborah Elkins
Published: January 24, 2013
Tags: Immigration, Judge James C. Cacheris, U.S. District Court - Eastern District

A Jordanian native who was denied citizenship because of alleged ties to the Muslim Brotherhood wins $47,577 in attorney’s fees and costs, as the government’s position was not “substantially justified”; an Alexandria U.S. District Court says the applicant’s membership in the Muslim American Society and attendance at a few lectures in Jordan sponsored by the [...]

Agency Subpoena Not ‘Final Order’

By Deborah Elkins
Published: January 11, 2013
Tags: Administrative, Judge James C. Cacheris, U.S. District Court - Eastern District

A drugstore company cannot compel return of privileged material obtained through a subpoena for documents issued by the U.S. Drug Enforcement Agency targeting the company’s distribution center in Jupiter, Florida, in an Alexandria U.S. District Court decision accepting the recommendation of the magistrate judge. The DEA states that because Walgreens did not claim privilege during [...]

Racial Discrimination Again Insufficiently Plead

By Deborah Elkins
Published: December 19, 2012
Tags: Employment, Judge James C. Cacheris, U.S. District Court - Eastern District

The Alexandria U.S. District Court dismisses with prejudice a government contract employee’s amended claims against the supervising company that allegedly caused his removal from his consultant position by accusing him of sexual harassment and shoddy work. Employee, an African-American male, was employed as a consultant by a federal government contractor. He was removed from his [...]

Investor States ‘Loss Causation’ for Fraud Claim

By Deborah Elkins
Published: December 5, 2012
Tags: Judge James C. Cacheris, Securities Fraud, U.S. District Court - Eastern District

In an amended complaint alleging defendants, a technology company and its founder, chair and CEO, committed securities fraud by selling plaintiff investor a series of notes as investments to allow defendant company to bring to the U.S. technology the individual defendant’s uncle allegedly developed in Korea to convert plastic waste into oil, the Alexandria U.S. [...]