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Tag Archives: Judge T.S. Ellis III

EDVA: Separation was due to absences, not disability (access required)

Although the plaintiff’s employment was terminated a matter of days after she disclosed her disability, her much-longer history of excessive absences — unrelated to her disability — constituted a legitimate, nondiscriminatory reason for separation. Background On April 22, 2013, Plaintiff ...

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EDVA: Company could be liable for employee fraud (access required)

Although the Plaintiffs did not state a § 10(b) claim against any individual corporate officers, false statements by a company’s lower-level employees could be attributed to the company itself if employees made those statements with the intent to provide false ...

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Bon Mots: February 2018

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

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EDVA: Constructive amendment requires acquittal (access required)

Following his trial and conviction by jury, a deportee was acquitted for forcibly resisting ICE officers after the government offered evidence of forcible resistance only to CBP officers. Background Defendant Koffi Ameyapoh, a citizen of Togo, was ordered removed from ...

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Eastern District of Va.: No immunity for sexual-assault accuser (access required)

In a defamation suit, Defendant Jane Roe was not entitled to immunity for her statements in university proceedings accusing Plaintiff John Doe of sexual assault, though the court advised that the issue could be revisited at a later stage. The ...

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Nonprofit’s unattributed photos were fair use (access required)

Defendant Media Research Center Inc. did not infringe on Plaintiff Larry Philpot’s copyright by obtaining his photos from Wikimedia and using them without attribution on the Center’s own website. Philpot is a professional photographer who, as part of his work, ...

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