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Tag Archives: Judge Samuel G. Wilson

Post-Dated Disclosure Form States TILA Claim (access required)

A borrower gets a chance to rescind a years-old mortgage loan with his claim that defendant bank violated Truth-in-Lending Act disclosure requirements when it obtained the borrower’s signature on a post-dated right of rescission disclosure form; but the Harrisonburg U.S. ...

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Civil Procedure – Pleading Standards – Twiqbal – Affirmative Defenses (access required)

In this suit by plaintiff company for breach of a nuclear imaging services contract, a Roanoke U.S. District Court says the heightened standard for pleading under ‘Twiqbal’ does not apply to affirmative defenses in the answer filed by a cardiology ...

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Judge: ‘Twiqbal’ doesn’t apply to affirmative defenses (access required)

Breaking with other Virginia federal judges, Roanoke U.S. District Judge Samuel G. Wilson has ruled the stricter “plausibility” standard used to judge civil complaints does not apply to affirmative defenses. The heightened civil pleading standard derives from two U.S. Supreme ...

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Criminal – Cocaine Sale – Sentencing – Substantial Assistance (access required)

On remand of defendant’s case for possible resentencing, a Roanoke U.S. District Court says no further reduction in this cocaine defendant’s 187-month sentence is warranted under Amendment 706, given the fact that defendant had a prior felony drug conviction that ...

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Civil Procedure – Government Subpoenas – E-Mails (access required)

An Abingdon U.S. District Court orders Abbott Laboratories to turn over e-mails of current and former top executives in a government investigation of health care fraud. Abbott is under investigation for off-label marketing of its drug Depakote, approved by the ...

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Criminal – Corporate Defendant – Money Laundering Conspiracy – Guilty Plea (access required)

A Harrisonburg U.S. District Court rejects a corporate defendant’s challenge to its guilty plea to conspiracy to commit money laundering, which defendant says was not knowing and voluntary because of pressure the government placed on the company president; the court ...

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Employment – ERISA – Long-Term Disability – Overpayment Recovery (access required)

A Roanoke U.S. District Court says the Federal Express long-term disability plan is entitled to recover $41,329.40 in long-term disability benefits that it overpaid to plaintiff as a result of his failure to report his receipt of Social Security disability ...

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