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Monthly Archives: June 2008

Administrative – Mine Safety – Independent Contractor Violations (access required)

A coal mine owner-operator can be cited for safety violations committed by an independent contractor hired by the owner, the 4th Circuit says in upholding a final decision of the Federal Mine Safety and Health Review Commission against appellant Speed ...

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Employment – ERISA – Disability Claim – De Novo Standard (access required)

A Wendy’s manager gets another chance to win long-term disability benefits because the district court erred in applying an abuse-of-discretion standard instead of the more claimant-friendly de novo review standard, the 4th Circuit holds. We conclude the plan before us ...

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Justice Lemons will teach at W&L

Washington & Lee Law School has announced that Virginia Supreme Court Justice Donald Lemons will teach appellate practice in the school’s third year program. From the news release: “The outstanding faculty at Washington and Lee University School of Law are ...

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Judge approves Virginia Tech settlement

As reported by the AP, Richmond Circuit Judge Theodore J. Markow approved the state’s settlement with most of the families of those killed in the 2007 shooting at Virginia Tech. The ruling today gives judicial approval to resolution of 24 ...

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Chapter 9: Research hypotheticals

This chapter contains a number of legal research hypotheticals, along with suggested answers. The VLW Web site is a great place to start your legal research – often you’ll remember a case you saw or a story; a quick Google ...

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Administrative – Declaratory Judgment – Sweepstakes Game – Legality (access required)

A Richmond Circuit Court cannot award declaratory relief in this suit by a plaintiff who is attempting to have the Virginia Department of Alcoholic Beverage Control declare that a sweepstakes game associated with the purchase of prepaid long distance telephone ...

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Medical Malpractice – Back Surgery – Artificial Disc (access required)

After a bench trial, a Richmond Circuit Court awards plaintiff physician $650,000 against a surgeon and his practice, jointly and severally, for the plaintiff’s damages arising from back surgery negligently performed by defendant surgeon. Based on the testimony of defendant ...

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Contract – Road Construction – Project Extension – Office Overhead Expense (access required)

In this decision from Norfolk Circuit Court, the Virginia Department of Transportation wins partial summary judgment on a contractor’s claims for additional compensation for a VDOT-issued work order that extended project completion by a total of 20 days. The contractor, ...

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Contract – Road Construction – Written Notice Of Claim – Waiver (access required)

A contract provision between VDOT and a contractor hired to work on the Route 58 Clarksville Bypass in Mecklenburg County, stating that written notice of “an existing or impending claim for damages” could change VDOT’s plans, does not mean that ...

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