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Tag Archives: Judge Diana Gribbon Motz

4th Cir.: Agency head has qualified, not absolute, immunity (access required)

The former head of a Virginia agency, sued in her personal capacity for failure to manage patient intake at state mental health hospitals, was entitled to qualified immunity because prisons are not per se unable to safely care for mentally ...

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4th Cir.: Decision reserving judgment was not “final” (access required)

A written decision resulting from the parties’ agreed-upon dispute-resolution process was not a “final” decision under the Federal Arbitration Act because it reserved the decision-maker’s right – without time limitation – to change the decision if its underlying assumptions proved ...

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4th Cir.: Intervenor’s claim to seized cash not plausible (access required)

A man alleging that $200,000 found in a storage unit was his life savings did not have standing to claim it in a civil-forfeiture proceeding, as his financial difficulties contradicted his ability to save such a sum. Background In 2014, ...

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4th Cir.: Intervenor’s claim to seized cash not plausible (access required)

A man alleging that $200,000 found in a storage unit was his life savings did not have standing to claim it in a civil-forfeiture proceeding, as his financial difficulties contradicted his ability to save such a sum. Background In 2014, ...

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Negligence can’t sustain contributory infringement (access required)

Although an ISP’s “13-strike policy” did not qualify for safe harbor in a music copyright infringement suit, the court of appeals remanded for a new trial due to a jury instruction that erroneously suggested contributory liability could be based on ...

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Lawyer must testify about how she got documents (access required)

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An unnamed criminal defense at­torney and her investigator will have to answer federal prosecu­tors’ questions about how they came into possession of allegedly fraudulent documents that were in­troduced as evidence at their cli­ent’s trial. The 4th U.S. Circuit Court of ...

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‘Prevention Doctrine’ Supports Contract Award (access required)

A government contractor who signed a Letter Agreement to help defendant, an aspiring government contractor, in a “strategic business relationship,” in exchange for stock options, is entitled to $637,867 in damages for defendant’s breach of the agreement by failing to ...

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