Quantcast
Home / 2007 / December (page 27)

Monthly Archives: December 2007

Employment – Disability Pension – UMW Pension Trust (access required)

Defendant trustees of the United Mine Workers of America 1974 Pension Trust did not abuse their discretion in denying a disability pension to plaintiff, who claimed disability from injury to his back and leg when he “hit a hole” while ...

Read More »

Real Estate – Condemnation – Natural Gas Easements (access required)

Because the Natural Gas Act authorizes plaintiff Columbia Gas Transmission Corporation, as the holder of a certificate of public convenience and necessity, to condemn the property rights implicated here, it is entitled to condemn those rights and to immediate access ...

Read More »

Search & Seizure – Investigatory Stop – Patchy Fog (access required)

A park ranger who observed defendant’s pickup truck on the Blue Ridge Parkway driving in “patchy, thick fog” with only its parking lights on, did not have a reason to search defendant, described by the ranger as “extremely polite,” “way ...

Read More »

Administrative – DMAS – Residence FMV – Tax Assessment (access required)

A circuit court erred in rejecting the determination of a hearing officer of the Department of Medical Assistance Services, that the county’s tax assessment of claimant’s residence reflected its fair market value. On Oct. 29, 2006, Henrico County assessed appellant’s ...

Read More »

Criminal – Forging Public Document – Uttering – Traffic Summons (access required)

A defendant who gave his brother’s name to a police officer who was issuing traffic summonses to defendant, but who signed his own name on the summonses, can be convicted of forging a public document and uttering a forged public ...

Read More »

Domestic Relations – Termination Of Parental Rights – Misdemeanor Child Neglect (access required)

Parents who pleaded guilty to misdemeanor child neglect for charges arising from bruising on their six-year-old son’s neck consistent with strangulation or choking have their parental rights to three of their four children under six years of age terminated. Although ...

Read More »

Workers' Comp – Injury By Accident – Claimant's Credibility (access required)

On the issue of claimant’s credibility in testifying as to his injury by accident during his employment, the appellate court defers to the commission’s credibility finding, and because the employer failed to raise other issues before the commission, Rule 5A:18 ...

Read More »

Rehearing Granted (access required)

On Dec. 4, 2007, the Virginia Court of Appeals granted rehearing en banc in Florio v. Clark VLW 007-7-390. The original panel opinion of Oct. 30, 2007, held that a trial court did not err in giving legal and physical ...

Read More »

Workers' Comp – Injury By Accident – Credibility – Deputy Commissioner Finding (access required)

Rejecting claimant’s assertion that the commission should have applied a de novo standard in reviewing the deputy commissioner’s credibility determination, instead of deferring to and relying on that determination, the appellate court upholds the commission’s denial of benefits to claimant. ...

Read More »

Is Remote Deposit right for your firm? (access required)

Some have called Remote Deposit “the most important development the U.S. banking industry has seen in years.” More importantly, its impact on your firm has already occurred in ways you might not have noticed – the reduction of check clearing ...

Read More »