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Tag Archives: Judge James P. Jones

Lease’s Restrictive Covenant Is ‘Ambiguous’ (access required)

An Abingdon U.S. District Court denies plaintiff shopping center owner’s motion for judgment on the pleadings in this dispute over defendant lessee’s sublease of space to another tenant, after vacating the premises and opening a new supermarket across the street ...

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No Sentence Reduction for ‘Career Offender’ (access required)

A defendant serving a sentence for conspiracy to distribute methamphetamine is not eligible for a sentence reduction pursuant to Amendment 782 to the federal sentencing guidelines; because he was sentenced pursuant to the career offender guideline, the Abingdon U.S. District ...

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Creditor’s Claim to Forfeited Property Denied (access required)

In the wake of the prosecution of defendant cigarette manufacturer and forfeiture of its property, an Abingdon U.S. District Court accepts a magistrate judge’s recommendation to dismiss a claim to the forfeited property filed by petitioner, a supplier of cigarette ...

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Unclear Deadline Creates ‘Excusable Neglect’ (access required)

An Abingdon U.S. District Court grants an extension of time for plaintiffs to respond to defendants’ summary judgment motion, as ambiguity in the scheduling orders supports plaintiffs’ claim of excusable neglect. In the initial scheduling order, the court instructed the ...

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