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Monthly Archives: December 2008

Bankruptcy – Student Loan – 1983 Discharge Order – ‘Gap’ In Law (access required)

A Lynchburg U.S. District Court upholds a bankruptcy court’s decision that debtor’s student loan debt from 1975 was discharged in her1983 Chapter 7 case. The issue in this case is whether courts should give effect to a “gap” created by ...

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Obituaries (access required)

Alvin P. Anderson Alvin P. Anderson, a prominent Williamsburg attorney and civic leader, died unexpectedly from complications of surgery on Nov. 28. He was 60. A graduate of the College of William and Mary and its law school, Mr. Anderson ...

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Employment – ERISA – Employee Auto Accident – Third-Party Tortfeasor (access required)

In an ERISA action to collect funds allegedly owed to an employer-funded health benefit plan and short-term disability plan, the employer has stated a claim under ERISA an Abingdon U.S. District Court says. Plaintiffs seek reimbursement from the settlements of ...

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Employment – ERISA – Contract – Defamation (access required)

A plaintiff terminated from his at-will position with defendant Greater Richmond Transit Company cannot sue defendant for ERISA violations, but he has stated a claim for defamation related to a statement by a defendant executive to plaintiff’s supervisor about a ...

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Labor – FLSA – School Bus Drivers – Class (access required)

In this suit by plaintiff school bus drivers alleging underpayment for their services in violation of the Fair Labor Standards Act, 29 U.S.C. §§ 201-219, and for state law breach of contract and retaliation, a Richmond U.S. District Court Magistrate ...

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Negligence – Slip & Fall – Delivery Driver – Parking Lot Pothole (access required)

A Richmond U.S. District Court denies summary judgment to defendant Firestone store in a delivery driver’s action alleging personal injury when she tripped and fell over a pothole in the Firestone parking lot. Defendant moves for summary judgment, asserting that ...

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Search & Seizure – Terry Stop – Public Housing – Anonymous Tip (access required)

A police officer did not need reasonable suspicion to stop defendant at 8 p.m. at a public housing complex, based on an anonymous tip that someone of defendant’s description (a black man wearing a white shirt, blue jeans and black ...

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Civil Rights – Excessive Force – Parking Lot Incident (access required)

A Richmond U.S. District Court Magistrate Judge grants summary judgment to defendant, a white police officer, who plaintiff, an African-American, claims used excessive force when the officer responded to a call from a Wal-Mart parking lot about plaintiff’s teenage autistic ...

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Criminal – Batson Claim – Age – Occupation – Waiver (access required)

A drug defendant cannot overturn his conviction, the 4th Circuit says, based on a claim that the prosecution violated Batson v. Kentucky when it struck a black female juror and two black male jurors. The prosecutor stated she struck a ...

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