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Monthly Archives: March 2007

Criminal – Grand Larceny – Indictment – Variance (access required)

A defendant’s grand larceny conviction, for unauthorized withdrawals from the bank account of a man for whom she performed home cleaning services, is affirmed despite her claim that a fatal variance exists between the allegations of the indictment and the ...

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Administrative – Black Lung Benefits – Medical Evidence – Evidence- Limiting Rules – Lawyer's Draft Reports (access required)

In this case involving an award of black lung benefits to a retired coal miner, the 4th Circuit agrees with the coal mine company that the ALJ misapplied new evidence-limiting federal regs, and erred in barring the mine’s discovery of ...

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Criminal – Sentencing On Remand – Allocution – Plain Error (access required)

A district court committed plain error on denying defendant a right of allocution at his sentencing on remand for a fraudulent investment scheme, and his 121-month sentence is vacated and his case remanded for resentencing. The government concedes that the ...

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Employment – Public Employee – Termination – Personnel Record (access required)

A former probationary police officer for the City of Newport News, whose personnel records indicated he was terminated on suspicion of having advanced the odometer on a police cruiser in order to get a new car sooner, can amend his ...

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Civil Procedure – Discovery – Coal Sale Contract – Customer Disclosure (access required)

In this contract action by a fuels corporation suing for damages from defendant coal company’s alleged failure to honor a contract for the sale of coal, defendant coal company is allowed to redact in its production of documents identifying information ...

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Civil Procedure – Joinder – Public Employee Termination – Political Party (access required)

Two women who allege that each suffered job discrimination by defendant county school board because of their political affiliation with the Democratic Party have their cases consolidated for trial. I find that the benefits of consolidation outweigh any possible prejudice ...

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