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Tag Archives: Judge Diana Gribbon Motz

‘Contemporaneous’ access to complaints ordered (access required)

Where there is a historic right of access to judicial documents because they provide the public with insight into the functioning of the judicial process, two Virginia courts were ordered to provide “contemporaneous’’ access to newly filed complaints.. Background Courthouse ...

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‘Fighting words’ conviction vacated despite epithet (access required)

Where the defendant’s use of the N-word constituted “abusive language” under Virginia’s “fighting words” statute, but the government offered no evidence that two African American individuals responded violently to the hateful slur or that a reasonable person in their positions ...

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No jurisdiction over France.com trademark suit (access required)

Where French trial and appellate courts previously declared the French Republic, and not a California company, is the rightful owner of the domain name France.com, the French Republic was immune from France.com’s trademark and cybersquatting suit. Background In 1994, a ...

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State-sanctioned anticompetitive conduct not actionable  (access required)

Because the Virginia legislature has conferred broad authority on local governing bodies to engage in anticompetitive conduct in the EMS vehicle services market, antitrust claims against the City of Richmond, stemming from its denial of an ambulance company’s permit to ...

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Failure to raise double jeopardy not ineffective assistance (access required)

Where a defendant challenged his convictions stemming from his involvement with MS-13, the court joined other circuits in finding the Double Jeopardy Clause prohibits imposition of cumulative punishments for § 924(c) and § 924(j) convictions based on the same conduct. ...

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