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Tag Archives: Judge Rebecca Beach Smith

Failure to exhaust remedies dooms compassionate release motion (access required)

A prisoner who requested reduced sentence or home confinement because of COVID-19 failed to exhaust his administrative remedies and did not argue the requirement should be waived. And because the recently-passed Coronavirus Aid, Relief, and Economic Security, or CARES, Act, ...

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Attorneys’ fees reduced by half based on lack of success (access required)

Although the plaintiff prevailed on a claim under the Fair Debt Collection Practices Act, his overall lack of success, including recovering only 1.25% of the damages sought on the one count on which he prevailed, resulted in a 50% reduction ...

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Assault with dangerous weapon considered ‘crime of violence’ (access required)

Assault with a dangerous weapon in aid of racketeering constitutes a “crime of violence” under the force clause in 18 U.S.C. § 924(c)(3)(A) because it requires the use, attempted use or threatened use of physical force against the person or ...

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County not liable for alleged ADA violations (access required)

Because the County of Isle of Wight was not the plaintiff’s employer or a joint-employer, and because her actual employer had fewer than 15 employees, summary judgment was awarded to the defendants on discrimination and retaliation claims under the Americans ...

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Enforceable non-solicitation clause can be severed (access required)

Where employment agreements contained non-solicitation clauses covering employees, customers and suppliers, only the employee non-solicitation clause was enforceable and could be severed from the other unenforceable clauses. Background The defendants moved to dismiss certain counts of the complaint, and all ...

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NY-based defendant is not subject to jurisdiction in Virginia (access required)

Where a New York-based defendant was sued for committing various torts against the Virginia-based plaintiff, his motion to dismiss was granted because he did not purposefully avail himself of the privilege of doing business in Virginia and the claims did ...

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Termination was not based on PTSD diagnosis (access required)

Although the employee argued that temporal proximity, a letter of recommendation and new evidence submitted in response to the Report and Recommendation were sufficient to avoid summary judgment, her arguments and materials failed to demonstrate that PTSD diagnosis was the ...

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