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

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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Refusal to hire hearing-impaired applicant not ADA violation (access required)

An employer who did not hire a hearing-impaired man as a shipyard pipefitter was granted summary judgment based on evidence that the ability to hear alarms and announcements was essential, that pipefitters are subjected to high noise activities and that ...

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Suit by subcontractor’s lender against a general contractor survives (access required)

Although the subcontractor’s lender’s conversion and unjust enrichment claims against a general contractor were barred by the economic loss rule, its fraud claims were not affected by the rule because they involved omissions prior to the contract. Background Defendant W.M. ...

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In trade secret case, party gets royalties, not injunction (access required)

The court refused to enter a permanent injunction, despite the jury’s finding that eight trade secrets were misappropriated, because the moving party argued to the jury that a reasonable royalty would adequately compensate it for the theft, and the jury ...

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Lanham Act claim based on change of competitor’s phone number (access required)

While the court dismissed some claims brought by an addiction recovery business that the defendant attempted to steal clients, it found allegations that the defendant changed the recovery business’s phone number on the Internet in order to redirect customers, were ...

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