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Yearly Archives: 2007

Criminal – Transport Of Minor – Teenage Prostitute – Knowledge Of Age (access required)

Although defendant contends the government had to prove he knew the age of the 13-year-old runaway girl that he transported from Ohio to West Virginia to work as a truck-stop prostitute, the 4th Circuit affirms his conviction under 18 U.S.C. ...

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Insurance – Duty To Defend – Unfair Trade Practices – N.C. Law (access required)

The 4th Circuit upholds a multi-million dollar jury verdict for ABT, a manufacturer of hardboard siding, against National Union Fire Insurance Company, its excess commercial general liability carrier, for breach of National Union’s duties to defend and indemnify and for ...

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Labor – Coal Retiree Fund – Medicare Reimbursements (access required)

In this “latest skirmish” over coal operators’ liability to fund the multiemployer benefit plan for retired coal mine workers established by the 1992 Coal Act, the 4th Circuit upholds a Baltimore federal district court’s rejection of the Social Security Commissioner’s ...

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Criminal – Right To Counsel – Attorney Of Choice – Continuance (access required)

A defendant accused of robbery and other crimes who informed his court-appointed counsel from the outset that his family was raising money to retain another lawyer who previously had represented the defendant, has his convictions reversed because the trial court ...

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Criminal – Voluntariness Of Confession – Malicious Wounding (access required)

A defendant’s convictions of malicious wounding, armed burglary and related firearms charges are affirmed despite his claim that the trial court erred in refusing a jury instruction addressing the voluntariness of his pretrial confession. The evidence showed that defendant participated ...

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Domestic Relations – Equitable Distribution – Pension Split (access required)

A divorce court erred in dividing a husband’s pension when it valued the wife’s portion of the marital share of that pension as if husband retired on the date of the parties’ separation, even though husband was not eligible to ...

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Domestic Relations – Grandparent Visitation – Social Worker Testimony (access required)

At the trial of the paternal grandparents’ petition for visitation with their granddaughter, the trial court did not err in excluding testimony from a licensed clinical social worker or in denying the petition for visitation over the mother’s objection. The ...

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Young Lawyers Division of VBA celebrates 50th (access required)

The Virginia Bar Association is accentuating the young at its winter meeting in Williamsburg later this month. The reason: Its Young Lawyers Division is celebrating its 50th anniversary. The VBA will meet at the new Williamsburg Lodge and Con-ference Center ...

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Law barring therapist's testimony is extended (access required)

A state law that prevents a child’s therapist from testifying against a parent in a visitation proceeding also bars the therapist from testifying about the child, a divided panel of the Virginia Court of Appeals ruled last month. The ruling ...

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