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Fourth Circuit Decision Allows Businesses to Avoid Collective Action FLSA Lawsuits Through Use of Arbitration Clauses

A driver for Shuttle Express, the popular transportation service for passengers going in and out of the Baltimore-Washington International Airport, sought to bring a collective action against the Company alleging violation of the Federal Labor Standards Act (“FLSA”).  Relying on the Supreme Court’s April 2011 holding in AT&T Mobility LLC v. Concepcion, the Fourth Circuit foreclosed the driver’s federal lawsuit and compelled arbitration because he signed an arbitration clause in which he waived his right…

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Attempted Malicious Wounding by Throwing Meat Cleaver

Arlington Police report the arrest of Kareem Jorif on April 5, 2013 at the Virginia Hospital Center. A verbal altercation escalated.  Jorif then pulled a meat cleaver from his waistband, struck the door with it several times, and then threw the knife into the room at the occupants. No one was hurt, but Jorif was charged with 5 counts of Attempted Malicious Wounding.  His Preliminary Hearing is set for May 7. Here are the elements

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When Does a Gun Stop Being a Gun?

Kareem Barlow was convicted of Possession of a Firearm as a Convicted Felon in Newport News, Virginia.  On appeal his criminal lawyers argued that the “gun” in his possession was not really a gun.  It had no barrel and was in an rusty and poor condition.  It could not shoot a bullet. (Actual operability of the gun is not a factor for a conviction of this crime; the question was ‘when does a gun stop being

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Malicious Wounding at Union Jack in Arlington (Ballston) – April 6, 2013

Arlington Police report that four men were arrested and charged with Malicious Wounding on April 6, 2013.  The men were allegedly involved in a fight wherein a fifth man was stabbed 7 times in his torso, upper body, groin, and thigh area.  The fight was reported to have occurred in front of Union Jack restaurant in the Ballston Commons Mall around midnight. The accused are David Bhatti, Heber Amaya-Gallo, Gustavo Lopez, and Naveed Mughal.  This

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FCA Claim Cannot Survive On Allegations of Fraudulent Conduct Alone; Must Assert A Fraudulent Claim For Payment

The False Claims Act (“FCA”) is the primary vehicle used by the Federal Government to protect itself against fraud.  The FCA permits a private whistleblower (a “Relator”) to sue a contractor in the name of the United States, and to be awarded a portion of the damages recovered by the government.  That is exactly what a former employee attempted to do when he brought a claim against the largest contractor for the United States Army,

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