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Home / 2007 / October (page 17)

Monthly Archives: October 2007

Admiralty – Jury Trial – Mandamus (access required)

The 4th Circuit issues a writ of mandamus in this admiralty case, directing the district court to grant petitioner Lockheed Martin’s request for a jury trial in its suit seeking insurance coverage for a ship that was damaged at sea. ...

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Civil Rights – Elections – Va. Open Primary Law (access required)

The 4th Circuit affirms a Richmond federal district court decision that Virginia’s open primary law, Va. Code Sect. 24.1-530, is unconstitutional as applied to the 11th Senatorial District Republican Committee and its chairman, and upholds an injunction prohibiting the State ...

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Immigration – Removal Order – Drug Conviction – 'Permanent Allegiance' (access required)

Although petitioner, a native of Chile, would qualify as a U.S. national who owes “permanent allegiance” to the U.S. under the 4th Circuit’s 1996 decision in U.S. v. Morin, the court will follow the Bureau of Immigration’s contrary, post-Morin interpretation ...

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Civil Procedure – Certification – Bankruptcy Question (access required)

Because an order of the bankruptcy court involves a question of law as to which there is no controlling decision from the 4th Circuit or the U.S. Supreme Court, the district court grants the creditor’s motion for certification. The creditor ...

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Civil Procedure – Jurisdiction – Federal Question – OSHA (access required)

A plaintiff who has sued his employer Mead Westvaco and two of its employees, alleging negligence and workplace safety violations resulting in plaintiff’s injuries from inhaling chlorine dioxide gas while repairing an elevator on Westvaco’s premises, has his suit dismissed ...

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Criminal – Severance – Threats To Judge – Intimidation (access required)

A district judge grants defendant’s motion to sever for trial separate charges against him of threatening to assault and murder a U.S. judge, in violation of 18 U.S.C. Sect. 115(a)(1)(B), and forcibly intimidating and interfering with an employee of the ...

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Employment – ERISA – Health Insurance (access required)

In this ERISA lawsuit filed by a lawyer against his employee health care plan seeking reimbursement of $29,500 in out-of-network costs for in-patient medical care for his daughter, the district court holds that under the summary plan description, the plaintiff ...

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Employment – FMLA – Interference – Exhausted Leave (access required)

A medical center’s activities director who exhausted her 12 weeks of guaranteed Family & Medical Leave Act leave from May 17 to Aug. 9, 2005, during her convalescence from shoulder surgery, and who then missed an additional three weeks and ...

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Insurance – Subrogation – Explosion – Care & Custody Exclusion (access required)

In this dispute over insurance coverage for damage from an explosion and fire at the New River Castings facility in Radford, owned by Intermet International Inc., in which plaintiff Factory Mutual Insurance Co. has sued Intermet for money paid to ...

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