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

No Relief for ‘Gravely Unjust’ ACCA Sentence (access required)

Although the Charlottesville U.S. Dis­trict Court is troubled by defendant’s 2005 sentencing under the Armed Career Criminal Act, based on prior “violent fel­ony” convictions from over 45 years ago, the court cannot grant relief from defen­dant’s mandatory 15-year sentence for ...

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Company’s Nonsolicitation Claim Advances (access required)

A company that offered physical and occupational therapy services to skilled nursing facilities may sue a competitor for breach of a Nondisclosure Agreement the parties signed during negotiations for de­fendant to buy plaintiff, by alleged solici­tation of plaintiff’s staff; however, ...

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Court Strikes City Council’s ‘Group Defamation’ Ban (access required)

A Charlottesville U.S. District Court enjoins enforcement of the Charlot­tesville City Council’s rule banning “group defamation” by speakers, who have three minutes each to speak on any topic during a “matters by the pub­lic” period at council meetings, against a ...

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Man died after delayed diagnosis for thyroid cancer – $1 Million Settlement (access required)

The decedent was a patient of the Veterans Affairs Medical Center from late 2011 through his death from can­cer in June 2013. He sought care beginning in December 2011 for thyroid-related symp­toms, including a prominent goiter. As part of the ...

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‘Cashflow’ Education Products Can Sue ‘Cashflow’ Pay App (access required)

In plaintiff’s trademark infringement suit against defendant Cashflow Tech­nologies Inc., which uses the “Cashflow” mark for its financial education products, and has persuaded Amazon and Google to remove plaintiff’s “Cashflow” mobile phone application as an infringement upon defen­dant’s “Cashflow” trademark, ...

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Release Did Not Cover ‘Rehire’ Age Bias Claims (access required)

Although plaintiff signed a severance agreement at the end of his prior em­ployment with defendant, he only waived reemployment claims stemming from his termination, and did not waive the right to seek future employment, and the Lynch­burg U.S. District Court ...

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No FCA Claim for ‘Vague’ Billing Concerns (access required)

An ultrasound technologist’s “vague concerns” about defendant hospital’s per­formance of certain ultrasounds and bill­ing practices, which primarily related to possible underbilling, were not “protected activity” under the False Claims Act, and the hospital wins summary judgment on plaintiff’s claim that ...

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