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Author Archives: Rebecca M. Lightle

Allegations don’t establish intent to deceive (access required)

Various statements by a contractor related to its performance on a contract (estimated to be worth over $100 million) were optimistic or maybe even false, but the plaintiff’s allegations did not sufficiently allege executives’ scienter, i.e. a motive to deceive ...

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Evidence supported punitives for understaffing (access required)

In three wrongful death suits in which the jury found liability and awarded punitive damages, the district court erred in finding that the plaintiffs failed to show an “aggravating factor” under North Carolina law that would support punitives. Extensive trial ...

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Top Op Digest: State-law claims for damage to stored property not pre-empted (access required)

Based on plausibly-alleged alternative theories of when her personal property sustained water damage, a plaintiff’s state-law claims against the company that both stored and shipped her property were not pre-empted by federal law governing interstate carriers. Background As alleged in ...

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018-6-065 – Roberts v. Va. St. Bar (P)

Roberts v. Va. St. Bar, Record No. 180122, Sept. 6, 2018. SCV (Kelsey), from VSB Disc. Bd. VLW No. 018-6-065, 23 pp. Full-Text Opinion

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018-4-007 – Hinty v. Horton (access required)

Hinton v. Horton, AP No. 18-07013, Aug. 21, 2018. WDVA Bankr. at Roanoke (Black). VLW No. 018-4-007, 8 pp. Download Full-Text Opinion

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CAV: Post-stop consent to search vehicle was valid (access required)

After being released with a verbal warning for a broken brake light and driving on a suspended license, a reasonable person in the defendant’s position would have felt free to leave. Therefore, his consent for a vehicle search was valid, ...

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EDVA: Plaintiff’s “unclean hands” irrelevant to antitrust relief (access required)

Holding that “unclean hands” is not a defense to equitable relief in antitrust, the court excluded the defendant’s evidence that the plaintiff misappropriated its trade secrets, finding such evidence not probative under Federal Rule of Evidence 402. Background Plaintiff Steves ...

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018-3-367 – United States v. Horma (access required)

United States v. Horma, Case No. 3:18cr18, Sept. 4, 2018. EDVA at Richmond (Lauck). VLW No. 018-3-367, 40 pp. Download Full-Text Opinion

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018-2-184 – Grabowski v. Hartford Life & Accident Ins. Co. (U)

Grabowski v. Hartford Life & Accident Ins. Co., Case No. 17-2108, Sept. 4, 2018. 4th Cir. (per curiam), from EDVA at Alexandria (Trenga). Denise M. Clark & Carla N. McKain for Appellant; Elizabeth J. Bondurant & Jerel C. Dawson for ...

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