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Tag Archives: U.S. District Court – Eastern District

Kidnapping is Lesser Included Offense of Hostage-Taking (access required)

In this prosecution of Somali defendants for piracy and related crimes, a Norfolk U.S. District Court finds that the Kidnapping Statute and the Hostage Taking Statute impermissibly overlap for purposes of double jeopardy because kidnapping is a lesser included offense ...

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No Forfeiture for Defendant’s ESOP Interest (access required)

A criminal defendant ordered to make restitution for wire fraud is not required to forfeit her interest in an ERISA-protected Employee Stock Ownership plan, an Alexandria U.S. District Court says; ERISA’s anti-alienation and assignment provision bars the government from seeking ...

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Laches Limits Damages for Patent Plaintiff (access required)

A plaintiff who waited over six years to file suit after having constructive knowledge of defendant’s infringement activities has not rebutted a presumption of unreasonable delay and the Norfolk U.S. District Court limits plaintiff’s damage award by excluding pre-filing damages. ...

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Complaint Meets ‘Double Designation’ Test (access required)

A defendant who removed a contract action to federal court has satisfied the “double designation” rule for alleging diversity jurisdiction based on allegations in plaintiff’s state court complaint and in the notice of removal, and the Richmond U.S. District Court ...

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Disabled Plaintiff Sues Over Retail Access (access required)

A plaintiff who uses a scooter and wheelchair for mobility has stated state and federal disability discrimination claims against defendant Colonial Williamsburg Foundation for its operation of the Merchants Square retail village, which plaintiff alleges imposes numerous barriers to his ...

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