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Tag Archives: Judge Rebecca Beach Smith

‘Relitigation exception’ does not apply to New York action (access required)

Where plaintiffs were denied a preliminary injunction by a federal court against a defendant over the transfer of leases and they also filed an action in New York state court, the defendant’s attempt to enjoin the New York suit was ...

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Employer can’t dispose of calculation-of-benefits suit (access required)

Although an employer argued its method of calculating benefits for retirees electing joint and survivor annuities under its defined benefit retirement plan was reasonable under the Employee Retirement Income Security Act, testimony from the plaintiff’s expert witness about the appropriate ...

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Senate confirms U.S. judge, one of Trump’s few Black judicial nominees (access required)

us-capitol-building-congress

With overwhelming bipartisan support, the U.S. Senate has confirmed Roderick C. Young, one of President Trump’s few Black judicial nominees. Young, a former federal prosecutor and a longtime magistrate judge in Richmond, was confirmed in a 93-2 vote on Sept. ...

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Inevitable discovery can’t rescue unlawful search (access required)

Where the search of the defendant’s car was unlawful, the government could not rely on the inevitable discovery doctrine because there was no evidence that, based on the traffic violations alone, the officer would have arrested the defendant or impounded ...

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U.S. immune from suit over slip-and-fall at commissary (access required)

Where custodial functions at the Fort Eustis commissary were performed by an independent contractor, and the government had the discretion to retain that contractor, the government had immunity against a suit where the plaintiff alleged injuries as a result of ...

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Pro se plaintiff alleging bias secures default judgment (access required)

The pro se plaintiff’s factual allegations were sufficient to demonstrate she was the victim of race discrimination, racial harassment and retaliation. Because she did not sufficiently support her request for damages, no damages were awarded, but she can file a ...

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Officer still employed can’t claim for lack of due process (access required)

A Chesapeake police officer could not assert a claim for procedural due process based upon continued employment because he is still employed by the Chesapeake police department, or CPD. His assertion that he possesses property interests in serving as a ...

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