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Tag Archives: Judge Michael F. Urbanski

WDVA: Ex-employer must arbitrate breach-of-contract claims (access required)

In bringing breach-of-contract and -fiduciary-duty claims against a former employee who took a job with a competitor, an insurance company will be held to the arbitration clause contained in its agent agreement. Background In 2009, Defendant Ryan Gillenwater became an ...

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WDVA: Contribution claim was time-barred, not unripe (access required)

A business owner suing his partner for contribution to their company’s shared debt could assert the claim even if he had not completely satisfied the debt, but he had not done so within the three-year limitations period. Background Plaintiff Timothy ...

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WDVA: Fire & rescue contractor immune from ambulance-crash claims (access required)

In a negligence action following the plaintiff’s collision with an ambulance, the volunteer driver’s company was an instrumentality of the state and, thus, exempt from liability arising from its contract with Frederick County. Background Defendant Gore Volunteer Fire Company provides ...

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Judges question roadblock to sentence review (access required)

4tth Circuit Seal FEA

A panel of federal appeals judges had sharp questions last month about why federal prosecutors are resisting a fix for a drug defendant sentenced to 12 years in prison under a mistaken standard. A mutual mistake about application of a ...

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WDVA: Restitution doesn’t preclude civil damages (access required)

A victim already entitled to restitution via criminal proceedings could still seek civil damages for the defendant’s abusive sexual contact, though restitution would be offset by the amount awarded. Background All that remains of this employment case is a single, ...

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WDVA: Father must return child to Canada (access required)

A mother successfully petitioned for the return of her eight-year-old son. The parents had joint custody in Canada, but the child’s father unilaterally brought him to Roanoke to protect him from the effects of his mother’s extreme drug abuse. Background ...

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WDVA: Warrant for iPhone search had to relate to charges (access required)

A defendant charged with drug distribution crimes was not entitled to impose search parameters on the government’s search for content on his iPhone beyond the requirement that the search must relate to his specific criminal violations. Background Defendant Akeem Brewer ...

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WDVA: Law firm’s time-barred debt action is triable FDCPA violation (access required)

A law firm that initiated a lawsuit to collect a debt owed to its client could be found liable for a violation of the Fair Debt Collection Practices Act, since the action was time-barred. The law firm’s assertion of the ...

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