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Tag Archives: Judge Michael F. Urbanski

No evidence that police fabricated evidence  (access required)

An individual who was acquitted of violating a Virginia law preventing non-citizens from owning a semiautomatic weapon with a magazine which holds more than 20 rounds of ammunition failed to show the police fabricated evidence during their criminal investigation. As ...

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Firearm conviction vacated because of ‘Brady’ violation  (access required)

Where the government failed to turn over potentially exculpatory evidence of a recorded interview that was material to the defendant’s conviction for possession of a firearm in furtherance of a drug trafficking crime, that conviction was vacated. Where the interview ...

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HUD reliance on independent contractor forecloses tort claim (access required)

Where the Federal Tort Claims Act’s waiver of sovereign immunity excludes negligence or wrongful acts or omissions performed by independent contractors, and the Department of Housing and Urban Development contracted with a company to maintain a property that was for ...

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Puerto Rican status supports race, national origin claims (access required)

Because the line between national origin and ethnicity is “not a bright one,” allegations that a carpenter was discriminated against because he is Latino and Puerto Rican were sufficient to support both his race and national origin discrimination claims. Background ...

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Charge dismissed for inadvertent ‘Brady’ violation (access required)

gun-drugs-money

Even though late disclosure of favorable evidence was an inadvertent oversight by prosecutors, a federal judge says the omission constituted suppression of Brady material that required dismissal of a firearm-related charge against an accused drug kingpin. The recently disclosed video ...

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Appealing party can’t avoid superseas bond requirement (access required)

A defendant attempting to challenge a significant damages award failed to escape a requirement that it post a supersedeas bond. The defendant could not demonstrate it would be irreparably harmed by posting the bond, the plaintiff would be prejudiced without ...

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Company can’t avoid dismissal of its patent claims (access required)

A company that twice filed complaints asserting patent infringement and related claims based on its beverage dispending system couldn’t dodge a motion to dismiss by arguing it needed discovery. Its complaint, meanwhile, included only conclusory allegations and was dismissed. Background ...

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Workers’ comp act preempts claims arising from assault (access required)

An employee’s claims of intentional infliction of emotional distress, negligent infliction of emotional distress and negligent hiring and retention arising out of injuries allegedly suffered when he was assaulted by a co-worker, were precluded by the Virginia Workers’ Compensation Act ...

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