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Monthly Archives: March 2007

Social Security – Reopening Prior Claim – 'Sneak A Peek' (access required)

A 50-year-old former truck driver with a high school education, who suffers from diabetes, obesity, depression and limited intellectual functioning, is entitled to have his claim for social security benefits remanded for reconsideration, according to a recommendation from the magistrate ...

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Social Security – Self- Employed Farmer – Insured Status (access required)

A district court finds good cause for remand of this case to the commissioner so that the ALJ may be directed to consider all of the issues surrounding the insured status of plaintiff, a former self-employed farmer, including those listed ...

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Fired cop can sue for ?false' discharge letter (access required)

A probationary cop fired on suspicion of odometer-tampering can sue the City of Newport News for violating his due process rights, according to a new decision by the 4th U.S. Circuit Court of Appeals. In Sciolino v. City of Newport ...

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Judge upholds pollution exclusion clause in policy (access required)

By its very name, the Total Pollution Exclusion clause declares what insurers hope to accomplish with it. The same language has been used in many comprehensive general liability policies for more than two decades now, and the insurers have argued ...

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Court developing rules for fee-cap waiver pay (access required)

Court officials will develop guidelines in the next few months for judges to use in deciding whether to waive the cap on court-appointed attorneys’ fees in particular cases. “We have to make sure that we don’t run out of money,” ...

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U.S. high court expected to rule on overtime issue (access required)

The Fair Labor Standards Act does not apply to employees who provide companion services for the elderly and disabled if the employees work directly for those they care for. But what if they work for a company that provides such ...

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Surgeon hurt in car wreck wins $500K (access required)

Plaintiff, a 52-year-old OB/GYN surgeon, was T-boned at a red light on Volvo Parkway on his way to see patients at Chesapeake General Hospital. Plaintiff had to be cut out of his Mercedes. Defendant alleged contributory negligence on behalf of ...

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Woman hit head-on settles for policy limits (access required)

Plaintiff was traveling eastbound on South Military Highway on the Gilmerton Bridge in Chesapeake. The defendant, Matthew Anderson, was driving a tow truck owned by Don Davis Towing, a one-truck sole proprietorship, traveling westbound. Defendant driver crossed the center double ...

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Woman settles airport assault case (access required)

On the date of this incident, the defendant was a uniformed employee of Argenbright Security, Inc. (“ASI”). His jacket was a different color than the security personnel under him, as he was a supervisor that night. The plaintiff had missed ...

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Advocates: Culpeper case could be deterrent for governments (access required)

(AP) Ninety-three thousand dollars. That’s how much the Culpeper County Board of Supervisors recently agreed to pay in a lawsuit brought by several newspapers over an illegally closed board meeting. It’s a large enough amount to give Virginia’s open government ...

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