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Author Archives: Virginia Lawyers Weekly

Providing false documents to U.S. Attorney leads to obstruction conviction (access required)

An individual who received grand jury subpoenas seeking financial records for his companies, and who then provided false records to a United States Attorney, could not argue he intended merely to influence the U.S. Attorney’s Office, and not the grand ...

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Driver fired over sick day has valid discrimination claim (access required)

A garbage truck driver who was terminated for job abandonment after missing a single day of work due to illness has a valid employment discrimination claim because his performance was satisfactory, his employer’s changing rationale for the termination suggested pretext ...

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Career criminal enhancement must be based on specified offenses (access required)

Where a defendant was incorrectly sentenced as a career criminal based on a drug conviction that did not support the application of the enhancement, the career criminal designation could not be upheld based on the defendant’s state robbery conviction because ...

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Robocall ban exemption violates First Amendment (access required)

Political organizations argued that an exception for debt collection under the autodialer ban in the Telephone Consumer Protection Act, or TCPA, represented unconstitutional content-based discrimination against other speech. The Fourth Circuit agreed but held that the exception was severable from ...

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Pretrial production of business records was unnecessary (access required)

A defendant charged with conspiracy to defraud numerous individuals by pitching investment opportunities in various business entities was unable to subpoena documents from two business entities because he failed to demonstrate that the requested documents would be admissible, could not ...

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Homeowners can’t demand production of original note (access required)

Homeowners cannot demand that the defendants produce the original note for inspection because such a demand is contrary to Virginia’s non-judicial foreclosure laws. In addition, the homeowners lack standing to contest the assignments of the deed, the appointment of substitute ...

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