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

Firearm conviction vacated because of ‘Brady’ violation  (access required)

Where the government failed to turn over potentially exculpatory evidence of a recorded interview that was material to the defendant’s conviction for possession of a firearm in furtherance of a drug trafficking crime, that conviction was vacated. Where the interview ...

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HUD reliance on independent contractor forecloses tort claim (access required)

Where the Federal Tort Claims Act’s waiver of sovereign immunity excludes negligence or wrongful acts or omissions performed by independent contractors, and the Department of Housing and Urban Development contracted with a company to maintain a property that was for ...

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Ex-UVA student gets evidentiary hearing in habeas appeal (access required)

A former University of Virginia lacrosse player convicted of murdering his ex-girlfriend in 2012 was granted an evidentiary hearing on whether the jury was improperly given a dictionary during deliberations to resolve confusion over the meaning of “malice.” Although the ...

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Puerto Rican status supports race, national origin claims (access required)

Because the line between national origin and ethnicity is “not a bright one,” allegations that a carpenter was discriminated against because he is Latino and Puerto Rican were sufficient to support both his race and national origin discrimination claims. Background ...

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In camera review doesn’t back deliberate process claim (access required)

Although the Council on Environmental Quality, or CEQ, claimed the production of dozens of unredacted documents would chill speech, stifle “frank and open discussions” and confuse the public, an in camera review did not support these assertions. Background Southern Environmental ...

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Appealing party can’t avoid superseas bond requirement (access required)

A defendant attempting to challenge a significant damages award failed to escape a requirement that it post a supersedeas bond. The defendant could not demonstrate it would be irreparably harmed by posting the bond, the plaintiff would be prejudiced without ...

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Evidentiary hearing scheduled over alleged forged documents (access required)

Where the defendants presented “credible evidence” that alleged employment agreements on which plaintiffs based their claims of breach and conspiracy to steal trade secrets were forgeries, an evidentiary hearing will be held to determine if a fraud was perpetrated upon ...

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