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

Failure to ask lawyer to appeal dooms effort to vacate sentence (access required)

A defendant who did not instruct his attorney to bring an appeal cannot later claim the attorney rendered ineffective assistance of counsel for not appealing his sentence. Background Petitioner was indicted in a 16-count indictment on Oct. 15, 2015. On ...

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Counterclaims in misappropriation case fail (access required)

Counterclaims brought by a former employee accused of misappropriating company funds are dismissed for insufficient facts and lack of evidence. Background Plaintiffs, a business corporation and its president, allege that defendant Teresa B. Barringer was a long-time company employee in ...

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Former employee pleads claim for FMLA retaliation (access required)

Plaintiff’s termination shortly after taking FMLA leave plausibly pleaded a claim for FMLA retaliation. Background Snipes began working for the jail authority in 2005. Snipes supervised several other employees, received employee evaluations demonstrating that he was a commendable employee and ...

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Convicted Blacksburg doctor largely denied post-trial relief (access required)

The court rejected virtually all of the post-trial motions filed by a doctor, finding there was sufficient evidence for the jury to convict him on nearly 70 counts of acquiring and possessing controlled substances by misrepresentation, fraud, forgery and deception. ...

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Claim over treatment of skin condition goes to jury (access required)

The court denied  a jail’s summary judgment motion on an inmate’s claims that his skin irritation was a serious medical need and the nurses were deliberately indifferent to his condition. Background Toby Joe Barley, a Virginia inmate proceeding pro se, ...

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Lack of protected activity prompts dismissal (access required)

A former employee of a county sanitation department failed to sufficiently allege that he engaged in protected activity as defined in the Virginia Fraud Against Taxpayers Act. Background On June 1, 2006, Frederick County Sanitation Authority hired Bryan Atchariyakornchai to ...

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