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Tag Archives: Judge David J. Novak

Trustee’s motion for stay pending appeal denied (access required)

Where the trustee was unable to cite any Fourth Circuit authority showing the bankruptcy court erred in approving nondebtor releases, and there were persuasive out-of-circuit cases against the trustee’s positions, its motion for a stay pending appeal was denied because ...

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Livestock owner couldn’t challenge animal cruelty laws (access required)

A livestock owner who was previously convicted of violating Virginia’s animal cruelty statutes lacked standing to attack the statutes as unconstitutional because she did not allege that she intended to care for livestock in a manner prohibited by the laws. ...

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Jail detainee alleges tear gas used without reason (access required)

Where a detainee at the Richmond city jail alleged that officials responded with tear gas after the incarcerated complained about how the facility was responding to COVID-19, his excessive force claim survived a motion to dismiss. Background Cameron Fobbs, who ...

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Warranty claim foreclosed by provision in contract (access required)

Where a DuPont facility continued using allegedly defective natural gas-fired burners after discovery of the defect, that foreclosed its breach of warranty claim because a provision in the parties’ contract provided that continued use of the allegedly defective product after ...

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