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

Moderator didn’t violate First Amendment rights (access required)

Where a professor moderating a microaggression panel allowed a student to speak for several minutes before moving on to another attendee’s question, her refusal to let him continue asking questions was not First Amendment retaliation. Background This memorandum opinion provides ...

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Retailer says exclusive deal was wrongfully terminated (access required)

Where the exclusive dealer for wood-chipping equipment in Virginia alleged it was terminated without a reasonable opportunity to cure the alleged performance deficiencies and for reasons beyond its control, its statutory and breach of contract claims survived the manufacturer’s motion ...

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‘Open fields’ search doesn’t violate Fourth Amendment (access required)

Where a homeowner alleged a county official violated the Fourth Amendment by entering his property without a warrant, but the property does not contain a home, the entirety of the property is considered an open field and, under the “open ...

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Arbitrator decides if non-parties can compel arbitration (access required)

Where a doctor asserted claims for defamation, tortious interference and illegal retaliation arising out of the termination of his employment relationship, an arbitrator will decide if two non-parties can take advantage of an arbitration provision in the doctor’s employment agreement. ...

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Crime-scene investigator can’t testify on cause of death (access required)

Where the plaintiff in a wrongful death case offered a former police chief/crime-scene investigator to testify that the decedent did not die from a self-inflicted gunshot wound, but he lacked knowledge, training or experience in medical science or forensic pathology, ...

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Employer prevails on disability, retaliation claims (access required)

Where the record showed a company terminated an employee because she violated her duty not to disclose confidential information about employees to a third party, and because she misrepresented important details of the allegations during an investigation, the company prevailed ...

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