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Restaurants Beware! One Bad Weekend May Put You Out of Business.

If you have ever gotten lost looking for a “bar” in Virginia, don’t worry—there aren’t any.  In Virginia, any establishment that serves alcohol is required to serve food as well.  In order to sell beer and wine, the restaurant is required to have a full service kitchen.  And, in order to sell distilled spirits, the restaurant must ensure that no less than 45% of their gross receipts come from the sale of food.  In other…

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Court Knocks Out Most of the Claims Brought By Duke Lacrosse Players Who Were Falsely Accused of Rape

In a strongly-worded opinion by the U.S. Court of Appeals for the Fourth Circuit, a three-judge panel tossed out a majority of the claims filed by several former players of the Duke Lacrosse team.  The high-profile lawsuits were brought by former Duke players that were falsely accused – and for three of the players, falsely indicted – of raping and kidnapping a stripper during a party.  The players sought damages against the City of Durham,

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Malicious Wounding Case Dismissed Where Injured Victim “Blacked Out”

James Hines was convicted of malicious wounding after his girlfriend was hospitalized with broken teeth, a broken jaw, a broken eye socket, and facial bruising, swelling, a bloody nose and mouth after a dispute between the two.  The Court of Appeals reversed the decision and dismissed the case. Hines was visiting his girlfriend on her birthday at her hotel room.  They were drinking alcohol and the girlfriend left for some more.  When she returned, she

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Fed Ex Courier Fired for 57 Suspicious Stops; No FMLA Claim, Fourth Circuit Holds

The Fourth Circuit Court of Appeals recently upheld the termination of a FedEx employee, Kimberly Laing, for repeated falsification of delivery records. FedEx’s investigation into Laing’s conduct overlapped with a knee injury she suffered on a delivery. She took time off under the Family Medical Leave Act (FMLA), and upon her return, was placed on administrative leave and then terminated for discrepancies between her delivery records and the destinations of her packages. The district court’s

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Likening the Federal Government’s Argument to “Alice in Wonderland,” the Court Sustains a Bid Protest Where the Agency Put an Incorrect Deadline on Its Website

Who says that government contract law is not fun?  While it is not common for a federal judge to cite Lewis Carroll’s, Alice’s Adventures in Wonderland in a bid protest decision, it is not common for the United States to manipulate time and logic like the Mad Hatter. Usually, we use this blog to digest, in plain English, decisions from the Court of Federal Claims.  However, this is an opinion that should truly speak for itself .

Likening the Federal Government’s Argument to “Alice in Wonderland,” the Court Sustains a Bid Protest Where the Agency Put an Incorrect Deadline on Its Website Read More »

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