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Yearly Archives: 2007

Labor – WARN Notice – Plant Shutdown – Golf Ball Maker (access required)

An employer who ceased all production at its golf ball manufacturing plant without the prior notice of the shutdown required under the Worker Adjustment and Retraining Notification Act, 29 U.S.C. Sects. 2101-2109, is not liable for wages to a group ...

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Civil Rights – Limitations – Town Policy (access required)

A woman who alleges a police officer for defendant Town of Coeburn sexually assaulted her after suggesting an exchange of favors in order to make her traffic tickets disappear, draws a recommendation from the magistrate judge that the woman’s suit ...

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Criminal – Assault On Officer – Bodily Injury Evidence (access required)

A federal inmate charged with assault on a correctional officer can be convicted on count I based on evidence that defendant struck an officer on the side of the head when the officer reprimanded defendant for not following a prison ...

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Criminal – Sentencing – Child Sexual Exploitation (access required)

A defendant who pleaded guilty to sexual exploitation of children and possession of child pornography is sentenced to 180 months in prison and supervised release for life. Several of the charges against defendant related to his surreptitious videotaping of two ...

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Search & Seizure – Traffic Stop – Vehicle Inventory Search (access required)

Drugs discovered in defendant’s vehicle during an inventory search after his arrest for speeding need not be suppressed; defendant’s arrest on the speeding charge passed constitutional muster because his production of several forms of identification using different names prompted the ...

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Criminal – Involuntary Manslaughter – Pit Bull Attack (access required)

The owner of pit bull dogs who attacked and killed an 82-year-old woman and her pet dog has her conviction of involuntary manslaughter in violation of Va. Code Sect. 18.2-36 affirmed by the Virginia Court of Appeals. Based on testimony ...

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Domestic Relations – Appeals – Rule 5A:18 – Property Classification (access required)

Wife’s failure to object in the trial court to the trial court’s adoption of the commissioner’s recommendation that property in Norfolk was marital means she has waived the issue on appeal under Rule 5A:18. Wife endorsed the final divorce decree, ...

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Domestic Relations – Custody – Aunt & Uncle (access required)

A trial court did not err in giving legal and physical custody of appellant’s biological child to the child’s maternal aunt and her husband, who had reared the child since his mother’s terminal illness in 2002. The trial court concluded ...

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Domestic Relations – Divorce – Desertion (access required)

Although wife claims living with husband after learning of his sexual abuse of a minor family member made her sick and she should be entitled to a divorce on the ground of his constructive desertion, she returned to the marital ...

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Domestic Relations – Spousal Support Reduction – Imputed Income (access required)

A husband who admitted he could afford the $12,000 monthly spousal support for wife from his income of $50,000 per month, and who advanced as a change in circumstances that the parties’ son was emancipated and the 17-year-old daughter had ...

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