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Monthly Archives: May 2007

Workers' Comp – Limitations – Delayed Accident Report (access required)

A claimant who suffered a tear of the Achilles tendon on the job and was eligible for workers’ comp was prejudiced by his employer’s delay in filing an accident report with the Workers’ Compensation Commission, and the claim is not ...

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Workers' Comp – Unjustified Refusal Of Employment – Cure (access required)

A 30-year employee who injured his back at work while his application for early retirement and a buy-out was pending, and who returned to light-duty work prior to taking early retirement, and then accepted a job at a friend’s seafood ...

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Workers' Comp – Unpaid Benefits – Employer Penalty (access required)

A journeyman mailer at The Washington Post newspaper who sustained a herniated disc is entitled to workers’ comp benefits and employer must pay a 20-percent penalty on unpaid compensation pursuant to Va. Code Sect. 65.2-524. It is undisputed that employer ...

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Employment Discrimination – Deputy Sheriff – Sexual Harassment (access required)

Although defendant sheriff contends he terminated plaintiff deputy after she was convicted of misdemeanor obstruction of justice, the deputy is entitled to have a jury decide her discrimination complaint alleging sexual harassment, in that she was terminated after she rejected ...

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Civil Rights – First Amendment – Classroom Displays – Religious Expression (access required)

A high school Spanish teacher loses his lawsuit alleging that defendant York County School Board violated the teacher’s First Amendment rights when it removed classroom display materials posted by the teacher that related to religious expression. The district court that ...

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Civil Rights – Race Discrimination – Contracts – Alaska Native Companies (access required)

Two union members, Hispanic employees of the Chugach Alaska Native Corporation, which operated a construction company in metropolitan D.C., who are suing the company for employment discrimination were subject to the arbitration provision in the collective bargaining agreement, even though ...

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Criminal – Drug- Related Offense – Fake Drug (access required)

A defendant’s prior conviction for distributing simulated drugs was a “controlled substance offense” under federal sentencing guidelines, and defendant was eligible for enhanced sentencing under USSG Sect. 2K2.1 when he pleaded guilty to possession of ammunition by a convicted felon ...

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Search & Seizure – Arrest – Harassment Misdemeanor – Officer's Presence (access required)

Although a Baltimore police officer arrested defendant for “assault by threat,” a nonexistent offense under Maryland law, the officer had probable cause to arrest defendant for misdemeanor harassment based on defendant’s threat against a woman who had a protective order ...

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Fiduciary duty claim is kicked out of court (access required)

A kids’ playground game is contributing to the development of corporate law in Virginia. Of course, you have to make kickball something corporate before that can happen, and the four principals in WAKA LLC, pronounced wakk-a and short for the ...

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54 percent pass the February bar exam (access required)

The results are in for the February 2007 bar exam. There soon will be 323 new Virginia-licensed attorneys, as reported by the Virginia Board of Bar Examiners. A total of 596 candidates took the February exam, for a pass rate ...

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