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Tag Archives: Judge Rebecca Beach Smith

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Criminal – Habeas – ‘Actual Innocence’ – Child Sexual Abuse (access required)

An affidavit from an alleged victim of child sexual abuse crimes for which petitioner is serving a 51-year sentence, which purportedly states that petitioner did not “force” the minor to engage in sexual acts, does not support petitioner’s post-conviction motion ...

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Administrative – Telecommunications Act – Cell Phone Tower – School Grounds (access required)

A Newport News U.S. District Court refuses to dismiss plaintiff T-Mobile’s suit alleging the Newport News City Council violated the Telecommunications Act of 1996 when it unlawfully denied T-Mobile’s application for a conditional use permit to build a communication tower ...

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Insurance – Policy Coverage – Chinese Drywall – Voluntary Remediation (access required)

A home builder who voluntarily fixed drywall-related problems in customers’ homes had his earlier complaint against an insurance company dismissed by a Norfolk U.S. District Court, but the builder’s amended complaint may proceed. This litigation involves the availability of commercial ...

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Intellectual Property – Noninfringement – Invalidity – Piledriving Equipment (access required)

A Norfolk U.S. District Court grants defendant’s motion for summary judgment of noninfringement of a patent for a vibratory assembly used in piledriving equipment. The ’964 patent was assigned to plaintiff American Piledriving Equipment Inc. (APE). The patent involves a ...

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