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Monthly Archives: March 2007

Civil Procedure – Removal – Counterclaim By Defendant – Remand (access required)

A Harrisonburg federal district court grants defendants’ motion to remand this employment-related lawsuit back to Rockingham County Circuit Court because the plaintiff cannot remove the matter to federal court based on federal claims asserted by defendants as counterclaims. This is ...

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Criminal – Competency – Involuntary Medication – Extension Of Stay (access required)

A district court denies defendant’s motion for an extension of the stay of the court’s order allowing involuntary medication of defendant to restore competency, pending defendant’s further petition for a writ of certiorari in the U.S. Supreme Court. Defendant has ...

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Criminal – Drug Conspiracy – Brady Disclosures (access required)

A defendant convicted of conspiracy to distribute cocaine base in Luray, Va., is not entitled to a new trial on the ground that the government’s failure to disclose certain tapes to defendant prior to trial violated the disclosure requirements under ...

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Criminal – Grand Jury Subpoena – Work Product (access required)

A Roanoke federal district court grants a lawyer’s motion to quash a grand jury subpoena seeking documents and testimony that he claims are protected as attorney work product. The government subpoenaed the attorney to appear before a grand jury to ...

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Employment Discrimination – Sex – Timely EEOC Complaint (access required)

A male railroad employee who claims he was the victim of gender discrimination in violation of Title VII because he was fired for allegedly sexually harassing and/or engaging in improper conduct with a female employee, who was not terminated, does ...

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Employment – ERISA – Long- Term Disability Benefits (access required)

A 60-year-old machinist with a history of lower back and leg pain dating back to 1996, who underwent back surgery and additional surgery after he developed a staph infection, is not entitled to long-term disability benefits under his company benefit ...

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Negligence – Church Camp – Ropes Course – Charitable Immunity (access required)

A charitable corporation that owns and operates the Rockbridge Alum Springs Young Life Camp in Rockbridge County has charitable immunity from this personal injury action filed by a young man who alleges he was injured when he fell at a ...

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Social Security – Back Condition – Treating Surgeon Opinion (access required)

A magistrate judge recommends reversal of the commissioner’s decision and remand of the case for further proceedings, which may include a recommitment of the case for further evidentiary proceedings. Plaintiff was born in 1961 and possessed an eighth-grade education. He ...

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Social Security – Chronic Pain – Interstitial Cystitis (access required)

A Big Stone Gap federal district court vacates a denial of social security benefits and remands the case for further consideration of this claim filed by a woman, born in 1963, who alleges disability based on interstitial cystitis, a nervous ...

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