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Tag Archives: Judge Rebecca Beach Smith

Unlawful search rescued by ‘good faith’ exception (access required)

Where a search warrant affidavit was found not sufficient to establish probable cause, testimony from the investigating officer revealed facts not contained in the warrant and supported the belief that evidence of child pornography would be found on the electronic ...

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Withdrawal of job offer based on obesity alone was not illegal (access required)

Where an employer withdrew a job offer based on the prospective employee’s high body mass index, or BMI, the employer did not violate the Americans with Disabilities Act. Background On April 16, 2018, Matthew Sturgill applied for a conductor position ...

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Termination after injury had valid disability discrimination claim (access required)

Where a physical therapist was unable to perform certain job duties after being injured on the job and was terminated shortly after asking her employer for a reasonable accommodation that would have enabled her to perform all essential functions of ...

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Inmate’s wrongful death suit settles for $3 million (access required)

An inmate’s death at the Hampton Roads Regional Jail, which led to the enactment of legislation outlining procedures for the “review of death of inmates in local correctional facilities,” has now resulted in a $3 million wrongful-death settlement. Background Jamycheal ...

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Foreclosure was not breach of deed of trust (access required)

Equity Trustees did not breach a deed of trust with the plaintiffs when it completed a foreclosure sale of the plaintiffs’ property. Plaintiffs argued that RoundPoint Mortgage, which was also a defendant, failed to complete preconditions of foreclosure, rendering Equity ...

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Parties to consent decree should be included in action to approve it (access required)

The Commonwealth of Virginia was entitled to intervene in an action to approve a proposed consent decree to which it was a party and other parties with obligations under the proposed settlement agreement were joined in the action because they ...

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Plaintiff’s complaint amended to eliminate defendants (access required)

A plaintiff who sued four defendants, but then experienced difficulty serving them, was allowed to amend its complaint to eliminate claims against these defendants. Although the one named-and-served defendant argued it should be allowed to keep the other defendants in ...

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