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

Issues of arbitrability to be arbitrated (access required)

Incorporating the Rules of the International Chamber of Commerce into the Aircraft Management arbitration agreement constituted “clear and unmistakable evidence” of the parties’ intent to arbitrate issues of arbitrability. Background On May 23, 2018, GlobalOne Management Group Limited filed a ...

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Union’s actions regarding trustees not a violation of trust or ERISA (access required)

The court granted summary judgment to a union sued by trustees of the Postal Union Welfare Benefit Trust, finding the union’s decision to shorten trustees’ terms of service, eliminate their staggered terms and their right to select their successors, and ...

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Ex-wife gets benefit of higher value of property (access required)

The court dismissed most of the objections to an ex-husband’s bankruptcy plan that were made by his former spouse, although it did hold the current, higher value of real property should be used, rather than the assessment that was made ...

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City loses bid to dismiss suit by parents of shooting victim (access required)

The estate of an 18-year-old who was shot by an off-duty police officer plausibly alleged a claim against the City of Richmond and the officer under § 1983, because it contained sufficient allegations that the officer acted under color of ...

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Prior convictions fell within definition of ‘controlled substances’ (access required)

The court rejected defendant’s objection to his sentence, finding prior Virginia convictions for possessing heroin with intent to distribute fell within the definition of crimes involving “controlled substances,” thus implicating the career-offender provision of the sentencing guidelines. Background Timothy A. ...

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Government can continue forced medication of defendant (access required)

The court denied the defendant’s motion for a hearing at this stage and found, based upon a Bureau of Prisons psychiatric report, that defendant had a substantial probability of regaining competency if medicated another 120 days. Background Defendant was charged ...

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