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Tag Archives: Judge James G. Welsh

Employer Can’t ‘Mirror-Image’ Home Computers (access required)

A health care provider cannot obtain mirror images of the hard drives of a fired employee’s home desktop and laptop computers to defend her claims of discriminatory discharge under the FMLA and ADA; although there’s a connection between plaintiff’s home ...

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No Claim Against Counselor for Batterers (access required)

A defendant charged with assault and battery of his stepdaughter and ordered to participate in a Batterers Intervention Program has not stated Eighth Amendment or Equal Protection claims against the counselor in private practice who offers counseling in the program ...

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No Appeal Advice Was ‘Ineffective Assistance’ (access required)

A Harrisonburg U.S. District Court Magistrate Judge recommends granting defendant’s 28 U.S.C. § 2255 motion for post-conviction relief and vacatur of his sentence, to allow him to seek direct review of his conviction for drug conspiracy; defense counsel’s advice and ...

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Employment Discrimination – Sex – Affirmative Defense – Twiqbal Standard (access required)

A woman who alleges gender discrimination in her discharge from her job as a milker at defendant dairy succeeds in striking affirmative defenses pleaded by employer that do not meet the pleading standard under Twombly and Iqbal. Defendants asserted 18 ...

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