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Tag Archives: Judge Rebecca Beach Smith

Comments after massacre not of ‘public concern’ (access required)

Where a former Virginia Beach city employee was terminated for making comments that she believed a gunman who killed and injured several city employees was “pushed until he snapped” and may have been bullied by supervisors, her comments were individualized ...

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Store sanctioned for not preserving footage of slip/fall (access required)

Where a Kroger’s security camera recorded portions of a customer’s slip and fall but failed to preserve the footage, multiple sanctions were imposed, including that the store’s summary judgment motion was denied, the jury would be instructed regarding the lost ...

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Expelled student’s claims against university dismissed (access required)

Where a Norfolk State University student was expelled for sending a threatening text message to his roommate, punching another individual and for his “volatile” behavior, he failed to show the university violated his free speech rights and discriminated against him ...

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Evidence of drugs in car supported possession charge (access required)

Eight grams of cocaine in baggies and 170 capsules found in the driver’s side door of defendant’s vehicle supported his conviction for possession of cocaine. Although the defendant argued he had transported a passenger for Uber, that his vehicle had ...

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Sentence reduced under First Step Act (access required)

Where the defendant was sentenced to life for conspiracy to distribute cocaine under then-mandatory sentencing guidelines, made extraordinary efforts to rehabilitate himself and develop skills and had the support of loved ones to ensure successful re-entry into society, his sentence ...

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‘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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