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

EDVA: Plaintiffs’ “deafening silence” dooms diversity cure (access required)

The Plaintiffs’ decade-old judgment of over $1 million, which they sought to enforce, was vacated due to the court’s lack of subject-matter jurisdiction over the action. The court declined to drop dispensable parties that destroyed jurisdiction, finding that the Plaintiffs ...

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EDVA: FLSA plaintiffs win nearly $700,000 in fees, costs (access required)

After approving a settlement of $285,000 for the Plaintiffs’ wage claims, a federal court also awarded about 80 percent of their requested fees, noting that the Defendant fought every issue “to its last breath.” Background This is a Fair Labor ...

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EDVA: Firearm discovered in Terry stop suppressed (access required)

Police responding to gunfire in a Richmond neighborhood unreasonably detained a group of men walking away from where they heard shots. As a result, a firearm discovered after police detained the defendant was suppressed. Background Defendant Billy Curry was indicted ...

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EDVA: Privilege doesn’t attach to valuation documents (access required)

Financial documents submitted to a valuation company and later sought by subpoena were not privileged under either attorney-client privilege or the work-product doctrine. In any event, the defendant’s motion to quash the subpoena was untimely filed. Background This action revolves ...

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EDVA: “Astounding allegations” sustain 11-count complaint (access required)

In October 2015, wind and rain damaged Plaintiff Constance Moss’s home. Moss’s homeowner’s insurer soon issued a claim check for over $15,000. In a move she has lived to regret, Moss sent the check to her mortgage company, Defendant Manufacturers ...

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EDVA: Houses were seizable assets traceable to crimes (access required)

In a prosecution for mail and wire fraud, money-laundering conspiracy, and identity theft, the government properly seized the defendant’s two homes, having probable cause to believe those assets will ultimately be proved at trial to be forfeitable as tainted by ...

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EDVA: Hair-clip patent claims lack sufficient details (access required)

The patent-holder and licensee for a patented hair clip were granted leave to amend their patent-infringement claims against a former licensee who continues to sell products that the patent covers. Background Plaintiff Chan Soo Kim is listed as the inventor ...

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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: Accreditor’s own interest didn’t bias decision (access required)

An accreditation agency’s decision to withdraw the plaintiff’s accreditation as a cosmetology school was not unduly tainted by the fact that one of the commissioners was the executive and part-owner of a similar institution in a nearby city. Background This ...

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EDVA: Residential trash supported home search (access required)

Items recovered from a trash can associated with the defendant’s home — including plastic bags containing cocaine residue and Google directions listing his home as the starting address — sufficiently supported probable cause for a warrant to search his residence. ...

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