Saturday, March 19, 2005

This past week's opinions from the W.D. Va.

In Papproth v. DuPont, Judge Conrad granted the defendant's motion for summary judgment in an Americans with Disabilities Act case, concluding that the plaintiff was not disabled within the meaning of the Act, notwithstanding her fibromyalgia and rheumatoid arthritis.

In U.S. v. Comarovschi, the defendant's sentence became final in October 2004, and he filed a motion for new sentence in January. Judge Michael denied the motion as untimely, and rejected the argument that Booker and Hammoud apply to closed cases.

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