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Home / 2007 / March (page 22)

Monthly Archives: March 2007

Medical Malpractice – Charitable Immunity – University Foundation (access required)

A Norfolk Circuit Court sustains a plea of charitable immunity from a doctors’ foundation sued for medical malpractice, finding that Eastern Virginia Medical School would not be able to attract well qualified doctors to teach future doctors without the Academic ...

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Real Estate – Specific Performance – Subdivision Application (access required)

Upon the Virginia Supreme Court’s denial of review of this court’s earlier decision ordering specific performance of a real estate contract for a tract to be developed into a subdivision, the court continues this case with a directive that the ...

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Admiralty – COGSA – Indemnification – Limitations (access required)

In this suit by American Roll-On Roll-Off Carrier against P&O Ports Baltimore Inc., a stevedoring company, after a piece of equipment loaded on an ARC-operated ship broke free of its lashings and damaged the ship and other cargo, we reverse ...

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Bankruptcy – Sanctions – Automatic Stay Violation – Ejectment Action (access required)

Affirming the district court, we conclude that the automatic stay under 11 U.S.C. Sect. 362(a) did not apply to an ejectment action against an LLC, debtor’s wholly owned subsidiary and a party to a ground lease on a Baltimore property, ...

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Criminal – Extradition Treaty – Homicide – Political Offenses (access required)

A Peruvian national loses his fight against extradition to Peru to face homicide and kidnapping charges; the 4th Circuit rejects the Peruvian national’s claim that his efforts to fight against the Shining Path guerilla organization entitled him to an exception ...

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Criminal – Sentencing – Acceptance Of Responsibility – Judge's Authority (access required)

A trial judge erred in holding that he had no legal authority to reduce defendant’s offense level on drug counts for acceptance of responsibility, after defendant went to trial on companion firearm charges under 18 U.S.C. Sect. 924(c); although the ...

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Immigration – IJ Jurisdiction – Visa Petition – Job Change (access required)

The Board of Immigration Appeals erred in holding that an immigration judge lacks jurisdiction to determine whether an approved visa petition remains valid, pursuant to Sect. 204(j) of the Immigration and Nationality Act, when the holder of the visa petition ...

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Search & Seizure – N.C. Probationer – Warrantless Searches (access required)

A North Carolina probationer who conditionally pleaded guilty to gun and drug charges brought after state police officers discovered these items in warrantless searches of his person, vehicle and house, loses his appeal of the denial of his suppression motion ...

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