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Monthly Archives: June 2007

Domestic Relations – Equitable Distribution – Mootness – Attorney's Fees (access required)

Wife’s appeal of the trial court’s division of the parties’ real estate is dismissed as moot because the parties entered into a subsequent agreement disposing of the real property. Whether the waiver of claims constituted additional consideration is irrelevant, given ...

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Domestic Relations – PSA Enforcement – Idaho Property – Loan Application (access required)

Although the judge pro tempore found that wife did not make sufficient efforts to obtain financing for Idaho real estate covered under the parties’ property settlement agreement, there was sufficient evidence to demonstrate that wife made an effort within the ...

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Search & Seizure – Shotgun Seizure – Suicide Threat (access required)

Police called to a home when defendant threatened to commit suicide after arguing with his girlfriend over how their infant son died, but who had defendant in custody for being drunk in public when they entered his house, did not ...

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Workers' Comp – Policy Nonrenewal – Notice To Commission (access required)

The Virginia Court of Appeals affirms without opinion, by an evenly divided en banc court, the decision of the Workers’ Compensation Commission that an insurance carrier who did not notify the commission that two employers failed to renew workers’ comp ...

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Civil Rights – Disability Discrimination – Public Access – Theater Project (access required)

In this suit by a physically disabled plaintiff under Title III of the Americans with Disabilities Act, the magistrate judge recommends denying summary judgment to defendant foundation and denying a stay of the litigation pending completion of an aspect of ...

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Civil Rights – EMTALA – State Hospital – Sovereign Immunity (access required)

Because the Commonwealth of Virginia has not expressly or impliedly waived immunity and because Congress has not abrogated the commonwealth’s immunity, the district court dismisses plaintiff’s claim under the Emergency Medical Treatment & Labor Act alleging the University of Virginia ...

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Civil Rights – Fourth Amendment – DNA Request – Black Males – Discovery (access required)

In this suit filed by a young black male who contends he was unfairly targeted when defendant city investigated an alleged serial rapist in the Charlottesville area, the district court denies defendants’ motion for summary judgment with prejudice to refile, ...

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Criminal – Child Porn Web Site – Money Laundering (access required)

A defendant charged with owning and operating a Web site hosting and payment processing company that facilitated child pornography trafficking, and with money laundering, is entitled to supplementation to the disclosure as to the testimony of two witnesses under Fed. ...

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Criminal – Sentencing – Booker – Machine Gun (access required)

A district judge, ordered to resentence a defendant originally sentenced on March 15, 2004, in light of U.S. v. Booker, 543 U.S. 220 (2005), concludes that because at sentencing, I found by a preponderance of the evidence that the gun ...

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Employment Discrimination – Title VII – Retaliation – Prior Suit (access required)

A defendant company is denied summary judgment in plaintiff’s suit alleging that defendant employer declined to hire him in 2005 based on his having filed a discrimination claim against his former employer, a county school system. Plaintiff’s claim that defendant ...

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