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Tag Archives: Judge John A. Gibney Jr.

Dueling Experts Don’t Satisfy Preponderance Standard (access required)

At a bench trial of a medical-malpractice claim, Plaintiff Eugene Gadson failed to prove his doctors’ negligence by a preponderance of the evidence because the parties’ respective experts offered diametrically-opposed testimony as to the appropriate standard of care. Three days ...

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Sierra Club Awarded Partial Fees, Costs for Limited Coal-Ash Victory (access required)

On Plaintiff Sierra Club’s motion to recover fees and costs as the prevailing party, the court granted attorney fees of $457,718 and expert fees of $102,000, as well as certain litigation costs. Sierra Club had sued Virginia Electric & Power ...

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Asylum Application – Untimely – Changed Circumstances (access required)

Even though the Honduran petitioner failed to seek asylum within one year of arriving in the U.S., since his arrest by immigration authorities led to more violence against his family and threats against his associates in more Honduran cities, petitioner ...

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Appeals court rebukes prosecutors in death penalty case (access required)

4tth Circuit Seal FEA

A federal appeals court panel has ordered an evidentiary hearing to determine if undisclosed evidence could upset the conviction of a man sentenced to die for the 2004 Norfolk murders of four people, including two preschool girls. Ruling that U.S. ...

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Not ‘Fitting In’ Did Not Prompt Tenure Denial (access required)

Defendant Longwood University wins summary judgment in plaintiff marketing professor’s suit under 42 U.S.C. § 1981 alleging she was denied tenure due to her Turkish ethnicity and national origin, as demonstrated by faculty comments that she “did not fit in”; ...

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No Fraudulent Joinder in Apartment Mold Suit (access required)

A tenant’s suit alleging injury from significant mold levels in her apartment is remanded from Richmond U.S. District Court to Virginia state court; defendants failed to show fraudulent joinder of the apartment complex manager, as plaintiff alleged she relied on ...

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