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Tag Archives: Judge Julius N. Richardson

HHS abortion rule enjoined (access required)

A rule promulgated by the Department of Health and Human Services, prohibiting physicians and other providers in Title X programs from referring patients for an abortion and imposing other requirements on entities receiving Title X funds, was enjoined. HHS inadequately ...

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State lawyers acted reasonably in calculating inmate’s release date (access required)

Where an inmate whose prison release was delayed brought a suit claiming Eighth Amendment violations, two attorneys with the South Carolina Department of Corrections, or SCDC, acted reasonably in interpreting a state statute regarding calculation of the inmate’s work and ...

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Federal credit union’s ‘citizenship’ clarified (access required)

Based on a “straightforward interpretation” of 28 U.S.C. § 1332(c)(1), which governs citizenship of corporations, the credit union is a citizen of Virginia because that is its principal place of business. This analysis was not changed by the fact the ...

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Virginia’s drug law triggers sentencing enhancement (access required)

Although the defendant argued his two Virginia convictions for possession with intent to distribute heroin did not qualify as controlled substance offenses under the sentencing guidelines, because Virginia law defines controlled substances more broadly than federal law, his argument ignored ...

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4th Circuit clashes over ‘exigent circumstances’ doctrine (access required)

4th-circuit-eagle

Charges against a Virginia man who was subjected to a warrantless search and seizure will be dropped after a full panel of the 4th U.S. Circuit Court of Appeals ruled that the search violated in the Fourth Amendment in a ...

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Suspicionless stop of defendant not excused by exigent circumstances (access required)

A majority of the en banc court refused to allow the suspicionless stop of the defendant following a report of “shots fired.” The stop was not justified by exigent circumstances and thus was not reasonable under the Fourth Amendment. Background ...

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Jury’s $50K FMLA retaliation verdict overturned (access required)

Although the jury found for the plaintiff on her claim under the Family and Medical Leave Act, and awarded her $50,000, the evidence was not enough to permit a reasonable jury to conclude the company’s proffered rationale for firing her ...

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Display of arrest photo did not require mistrial (access required)

Although the prosecution displayed a drug defendant’s arrest photo for a few seconds during redirect testimony, no mistrial was required because of its limited display and the judge’s cautionary instruction. The defendants’ additional multiple arguments against the drug and conspiracy ...

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False Claims Act suit triggers ‘medical incident’ coverage (access required)

Where the policy covers “damages resulting from a claim arising out of a medical incident,” a false claims act suit alleging billing for services that were not rendered was within the scope of coverage because the “failure to render” services ...

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