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Tag Archives: Judge J. Harvie Wilkinson III

4th Circuit: Jury should decide venue in ‘bath salts’ case (access required)

4tth Circuit Seal FEA

A divided federal appeals panel has overturned the convictions of three accused drug distributors because a jury never was asked if the charges were brought in the right locality. A two-judge majority of a panel of the 4th U.S. Circuit ...

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Federal gun charge based on state domestic violence conviction (access required)

Although the defendant claimed his federal gun charge could not be based on his Virginia conviction for domestic violence because he did not knowingly and intelligently waive his right to a jury trial in Virginia as required under federal statute, ...

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Investors could not sue over media statements (access required)

The fraud claims of Chinese investors who each invested approximately $500,000 in a start-up car company without reading the underlying investment documents were dismissed because the investors could not have justifiably relied on stray misstatements made by the company’s founders ...

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Investors did not justifiably rely on errant media statements (access required)

The fraud claims of Chinese investors who each invested approximately $500,000 in a start-up car company without reading the underlying investment documents were dismissed because the investors could not have justifiably relied on stray misstatements made by the company’s founders ...

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$61 million judgment affirmed on appeal (access required)

A satellite television provider is responsible for a $61 million judgment because its outside sales agent violated the Telephone Consumer Protection Act, or TCPA, by calling persons on the national Do-Not-Call registry. Background Dr. Thomas Krakauer brought suit against Dish ...

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Taking custodial liberties with child a deportable offense (access required)

A defendant who pleaded guilty to taking custodial indecent liberties with a child, a felony under Virginia law, was deportable under the Immigration and Nationality Act because the offense categorically qualified as the aggravated felony of sexual abuse of a ...

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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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EPA had discretion on water quality standards (access required)

The Environmental Protection Agency was not required to accept a standard proposed by a wastewater treatment plant that utilized an older methodology previously used by the EPA. Moreover, the EPA’s decision to examine the standard using the most innovative technology ...

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