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Monthly Archives: May 2008

Bankruptcy – Dischargeability Of Debt – Fiduciary ‘Defalcation’ – Equipment Dealer – Ch. 7 (access required)

Debtor, a president of an equipment dealership, cannot discharge an unsecured judgment of $124,000 arising from his personal guarantee of the dealership’s debt to Kubota Tractor company, because this debt arose from debtor’s “defalcation,” or nonfraudulent default, while acting in ...

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Lawyers in the News (access required)

Thomas S. Shadrick, a retired chief judge from the Virginia Beach Circuit Court, has joined The McCammon Group. Before serving 18 years on the bench, Shadrick concentrated his law practice in personal injury and general commercial matters. He is a ...

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ASL professor receives award for article on restorative justice (access required)

Assistant Professor Cynthia Alkon has won the $5,000 award given annually by the Appalachian School of Law for the best legal article published by an ASL faculty member. The article – “Reconciliation of Criminal Cases in Central Asia: A Sign ...

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Criminal – Fraud – ERISA Pension Plan – Plan ‘Assets’ (access required)

Unpaid employer ERISA pension plan contributions are “assets” of the plan under federal law and the terms of a company plan, the 4th U.S. Circuit Court of Appeals holds, clearing the way to uphold fraud convictions under 18 U.S.C. § ...

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Young lawyers to provide help for tornado victims (access required)

Attorneys from around the state are offering free legal assistance to victims of tornadoes that caused extensive damage in Southeast and Central Virginia on April 28. Persons who suffered damage from the tornadoes can reach a volunteer attorney by calling ...

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Deputy defender in Portsmouth named to succeed Underwood (access required)

Brenda Spry, the longtime deputy public defender in Portsmouth, has been named the city’s public defender. Spry, who joined the office in 1990, had been acting defender at times during the illness of her predecessor John H. Underwood III, who ...

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Civil Rights – Elections – Campaign Finance – N.C. Reform Act (access required)

The 4th Circuit strikes as unconstitutional several provisions of the North Carolina Judicial Campaign Reform Act: 1) the statutory attempt to use context to identify communications in support of or opposition to a candidate, N.C. Gen. Stat. 163-278.14A(a)(2), is facially ...

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Western District adopts policy for redaction of transcripts (access required)

Attorneys practicing in the federal courts of the Western District of Virginia are being told that they have the responsibility to make sure their clients’ private information does not appear in publicly available transcripts from trials and hearings. Keeping private ...

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Civil Rights – Elections – Campaign Finance – N.C. Reform Act – Matching Funds (access required)

A system of campaign finance reporting and voluntary public financing for appellate judicial candidates who accept certain restrictions, adopted under the North Carolina Judicial Campaign Reform Act, passes constitutional muster in one of two challenges by the North Carolina Right ...

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Kaine asks for SCC names; bar groups to vet candidates (access required)

Gov. Timothy M. Kaine has asked those interested in filling the vacancy created by the retirement of State Corporation Commissioner Theodore V. Morrison Jr. to submit their names and supporting documentation to his staff by May 31. Mark E. Rubin, ...

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