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Tag Archives: Judge James P. Jones

Virginia expert certification not required in federal court malpractice case (access required)

Although a Virginia statute requires an opinion of a certifying expert as of the time service of process is requested in a medical malpractice case, and a Tennessee statute requires a certificate of good faith to be filed with the ...

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Drug more closely related to THC for sentencing purposes (access required)

In considering the sentence of a man who pleaded to conspiring to distribute and possess AB-FUBINACA, the court relied on two pharmacologists with the Drug Enforcement Administration to find the drug was more closely related to tetrahydrocannabinol, or THC, than ...

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Town must face retaliation claim by former town attorney (access required)

The former attorney for the Town of Abingdon, who suffers from anxiety, depression and metallosis, alleged facts that, if true, supported a constructive discharge theory, and she alleges that after she filed her EEOC charges, the town’s behavior worsened. But ...

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Defendant’s knowledge of prior crimes supports current conviction (access required)

Although the defendant argued he did not know his prior domestic violence convictions were labeled under federal law as “misdemeanor crimes of domestic violence,” that is not the law. His general knowledge was sufficient to support his conviction for possession ...

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Defendant’s charge of ineffective assistance is rejected (access required)

Where the defendant argued her trial counsel was constitutionally ineffective in multiple ways, for example, by recommending she plead guilty to one charge and not challenging venue and during sentencing, her counsel achieved “frankly the best outcome for which she ...

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Pharmaceutical company loses bid to dismiss indictment (access required)

Where the indictment sufficiently pleaded wire fraud, the question of whether the pharmaceutical defendants actually committed wire fraud is an issue for the jury because there is no summary judgment in criminal cases. Background The defendants, Indivior Inc. and its ...

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EEOC intake form serves as timely charge of pregnancy bias (access required)

Where the EEOC’s intake questionnaire identified the parties and the specifics of the Title VII claim, including that a day-care provider thought the plaintiff was a liability because of her pregnancy and her lifting restrictions, and where the questionnaire was ...

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Releases of liability signed by workers are enforceable (access required)

Releases signed by employees now alleging a plant closure violated the federal Worker Adjustment and Retraining Notification, or WARN, Act are enforceable. Although the employees argued the consideration was “woefully inadequate,” there are no guarantees in litigation. And there was ...

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Jail is permanently enjoined from blocking books, magazines (access required)

A prisoners’ rights group whose First Amendment rights were violated by a jail policy that allowed inmates to receive only preapproved books, and prohibited them from receiving magazines, is entitled to a permanent injunction governing the delivery of publications and ...

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