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Tag Archives: Judge Allison Jones Rushing

Arbitrator to decide the preclusive effect of prior court judgment (access required)

Where there is no agreement to the contrary, an arbitrator, and not the court, decides the preclusive effect of a prior court judgment. Background The crux of this case is the court’s standard for reviewing arbitration awards. The district court ...

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Private plaintiff has no right to injunctive relief under RICO (access required)

In an issue of first impression that has divided other circuits, the court held that the Racketeer Influenced and Corrupt Organizations, or RICO, Act does not give private plaintiffs a right to sue for injunctive relief. Background The named plaintiffs ...

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Locality may be held liable for enforcing state statute (access required)

In a case of first impression, the court held a local government’s policy of enforcing state law renders it susceptible to Monell liability if the municipal policymaker made a meaningful and conscious choice that caused a constitutional injury. Because the ...

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Permit requirement insufficient for traffic stop (access required)

Although regulations prohibit “commercial vehicles” from driving on the George Washington Parkway unless authorized by permit, the mere fact the defendant was driving a commercial vehicle on the parkway did not provide a basis to stop his vehicle. The marijuana ...

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Juvenility considered in imposing life sentence (access required)

After the defendant was sentenced to life without parole for crimes committed when he was 17, the Supreme Court held that, when sentencing a minor to life without parole, the court must consider the defendant’s “youth and attendant characteristics.” Because ...

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FBI’s two-step interview did not violate ‘Miranda’ (access required)

Where an FBI attaché interviewed the defendant about his association with the Islamic State of Iraq without providing him Miranda warnings, and a different team of FBI agents interviewed him 10 days later after giving Miranda warnings, there was no ...

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Claim not cognizable under Equal Protection Clause (access required)

Where a former deputy commonwealth’s attorney brought a claim under the 14th  Amendment’s Equal Protection Clause claiming she was fired in retaliation for reporting alleged sex discrimination, her claim was dismissed because the Equal Protection Clause cannot sustain a pure ...

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