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

EDVA: Habeas petitioner shows ineffective assistance (access required)

A defendant convicted of second-degree murder, malicious wounding, and two counts of using a firearm in the commission of a felony showed that his trial counsel never conveyed a favorable plea deal that had been offered by the Commonwealth, despite ...

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EDVA: Officers personally liable for $1.2M in business loans (access required)

Notwithstanding his claims that bank representatives misled him, the president of a Richmond-based energy company signed loan agreements and guarantees that clearly stated his personal liability for his company’s obligations. Background In 2009, Defendants Dominion Energy Management Inc. and its ...

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EDVA: Immunity protects neither city nor police officer (access required)

Private boat maintenance workers, who were injured while aboard a Norfolk vessel when an allegedly incompetent Norfolk police officer caused it to capsize during a sea trial, sufficiently stated maritime tort and negligence claims against the City and the officer ...

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EDVA: Court won’t reconsider contributory negligence (access required)

The defendants were not entitled to reconsideration of the court’s decision to grant summary judgment to the plaintiff on the issue of his contributory negligence, as their proposed grounds amounted to mere disagreement with the court’s earlier conclusions. Background In ...

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EDVA: Willful FLSA violations merit liquidated damages, fees (access required)

An employer who admitted awareness of federal requirements but failed to keep time records was liable to its employees for unpaid overtime and unpaid lunch breaks going back three years, plus liquidated damages and attorney fees. Background Plaintiffs Catherine Riggle ...

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EDVA: Inevitable discovery applied to gun, but not statements (access required)

Officers’ search of a defendant’s bag while he was speaking with officers in another room was not incident to lawful arrest, as there was little chance he could reach the bag or control its contents at the time. The firearm ...

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EDVA: Party thwarting jurisdiction not “fraudulently joined” (access required)

Because the plaintiff stated a claim against the only defendant to share her citizenship – the substitute trustee that executed foreclosure on her home – the court lacked diversity jurisdiction, and remand to state court was required. Background Plaintiff Norma ...

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EDVA: Removal order unfair without notice of voluntary option (access required)

A defendant’s indictment for illegal re-entry was dismissed because the underlying removal order was entered without advising the defendant of his possible eligibility for voluntary removal. Background In 2011, U.S. Immigration & Customs Enforcement took custody of Defendant Leodan Itehua, ...

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