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Tag Archives: U.S. District Court – Eastern District

No duty to defend employee in accident using own car (access required)

Where an insurance policy provided coverage for automobile accidents involving a “covered auto,” and it listed the vehicles falling within this definition, an accident involving a company employee using her personal vehicle for business purposes fell outside the scope of ...

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Protestor’s First Amendment retaliation claim proceeds (access required)

Where a man protesting police brutality in downtown Fredericksburg alleged that officers repeatedly shouted directives at him, causing him to stop his movements, and that he was subsequently detained and issued a citation, he plausibly alleged a First Amendment retaliation ...

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Rule 11 doesn’t extend to notice of dismissal (access required)

Where defendants’ attorneys argued a statement in a notice of voluntary dismissal filed by plaintiffs’ attorneys violated Rule 11, their motion for sanctions was denied because Rule 11’s “later advocating” provision did not extend to the dismissal notice. Background The ...

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No survival damages for alleged asbestos exposure (access required)

Where the representative of a now-deceased seaman alleging his exposure to asbestos aboard a Navy ship caused his death sought survival damages for pain and suffering as well as medical expenses, his claim was denied because survival damages for pre-death ...

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Attempt to voluntarily dismiss suit rejected (access required)

Where an employee asserting a claim for retaliation attempted to voluntarily dismiss his suit a month before trial, after the employer answered the complaint, moved for summary judgment and prepared for trial, the employee’s request was denied. The employer was ...

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Delay in trial didn’t violate Sixth Amendment rights (access required)

Where a trial delay was caused by several factors beyond the government’s control, including COVID-19, defendant’s medical problems and a weather-related travel delay, and the defendant showed no resulting prejudice, his motion to dismiss the indictment on speedy trial grounds ...

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