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Monthly Archives: December 2007

Contract – Oral Employment Contract – Incentive Bonus – Statute Of Frauds (access required)

A former executive for a multi-million dollar, two-shareholder company in southwest Virginia, whose early efforts to sell off certain operations resulted in $175 million cash dividends to each of the two shareholders, faces trial of the company’s suit seeking return ...

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Company recovers $4M of bonus paid to top exec (access required)

Jeffrey J. Keenan certainly got off to a good start in his first year as president and chief operating officer of The United Company. He sold one of the privately held company’s assets in 2003 for $322 million and another ...

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Social Security – Vocational Expert – Hypothetical Question – Remand (access required)

A vocational expert’s testimony about a social security claimant’s purported ability to perform jobs such as hand packager and gate guard was of little value to the administrative law judge because the VE’s testimony did not account for the ALJ’s ...

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Bankruptcy – Airline Bankruptcy – Pension Termination – Proof Of Claim (access required)

A retired U.S. Airways pilot has waited too late to file a proof of claim alleging during debtor airline’s second bankruptcy proceeding that it improperly terminated his pension during the airline’s first bankruptcy proceeding. It is simply too late in ...

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Criminal – Drugs In Grocery Bags – Mens Rea – Guilty Plea (access required)

A defendant who refused, during his colloquy under Fed. R. Crim. P. 11, to admit to the factual basis necessary to support the charges against him and maintained that he had agreed to give two men a ride and helped ...

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Criminal – Extortion Threat – 'True Threat' Or 'Political Hyperbole' (access required)

A former doctoral student in the engineering program at the University of Virginia who accused faculty members of plagiarizing his work and sent university personnel multiple communications detailing his skill with firearms and including targets with bullet-holes can be prosecuted ...

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Criminal – Interstate Commerce – Illicit Sex – No Victim (access required)

A long-haul trucker who repeatedly importuned a truck-stop prostitute to find a 12-year-old virgin female for him to have sex with, and who made specific arrangements to follow through when the informant prostitute told defendant she had a girl for ...

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Criminal – Venue – Computer Document Transmission (access required)

The electronic transmission of an alleged fraudulent document to a computer server in Alexandria, Va., is sufficient to confer venue in Alexandria for defendant’s prosecution for causing the filing of a false and fraudulent document with the Securities and Exchange ...

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Employment – ERISA – Disability Benefits – Custodian's Multiple Ailments (access required)

An employee disability plan administrator’s focus on a 57-year-old custodian’s occupational asthma, to deny her disability benefits on the ground that she could perform other sedentary work away from dust, solvents and cleaners, was not reasonable because the administrator failed ...

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Kaine proposes budget that borrows, draws on reserve (access required)

(AP) Gov. Timothy M. Kaine has proposed a lean-times budget that borrows more than $2 billion, withdraws $261 million from reserves and gets new mental health, health care and preschool programs off to a modest start. The blueprint for $78 ...

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