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Monthly Archives: December 2008

V-DOT will study U.S. 29 (access required)

LYNCHBURG—Virginia transportation officials are planning a big-picture study of U.S. 29 from the North Carolina border to Gainesville. Virginia Department of Transportation officials discussed the study last month with Lynchburg business and government officials. The study’s leader, Charles Rasnick, said ...

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Bankruptcy – Ch. 7 – Abuse – Means Test (access required)

A Lynchburg U.S. Bankruptcy Court denies the U.S. Trustee’s motion to dismiss debtor’s case as an abuse of Chapter 7. Section 707(b)(1) provides that a court may dismiss an individual case under chapter 7 if the debts are primarily consumer ...

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Bankruptcy – Debt Discharge – Student Loan – Mental Illness (access required)

With further fact-finding as directed by the district court, this Harrisonburg U.S. Bankruptcy Court holds that debtor, who suffers from paranoid schizophrenia and HIV, failed to establish a history of regular payments of his student loans and cannot demonstrate that ...

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Wise County mine is fined $210K for accident (access required)

ARLINGTON—The Mine Safety and Health Administration has fined a Wise County mine and a trucking company $210,000 in a July accident that permanently disabled a driver. MSHA fined Bresee Trucking $165,000 and Guest Mountain Mining Corp. $45,000 for failing to ...

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Employment Discrimination – Race – Title VII – Garbageman (access required)

An African-American garbageman has alleged sufficient material facts related to his hostile environment claim based on a white truck driver’s calling him a “n–” and refusing to work with him, according to a Roanoke U.S. District Court. Defendants do not ...

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Negligence – Slip & Fall – Statutory Employee (access required)

An employee of a trucking company who fell off a ladder as he attempted to use a tarpaulin to cover a load of transformers to be delivered for defendant manufacturer was a “statutory employee” of the manufacturer barred by Virginia’s ...

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Attorneys – Sanctions Under Rule 11 – RICO Complaint (access required)

A Charlottesville U.S. District Court denies sanctions under Fed. R. Civ. P. 11 to defendant civic association who contends plaintiffs and their lawyer knew when they filed an amended complaint that their RICO claims were not warranted under existing law ...

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Employment – ERISA – Attorney’s Fees – Exhaustion (access required)

A plaintiff who won his ERISA case cannot bill for time spent exhausting administrative remedies, but the Charlottesville U.S. District Court refuses to categorically condemn “block billing” or “lumping of time entries.” While it is not the universal rule among ...

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Board of Education won’t seek $$$ for Standards of Quality (access required)

In light of the dismal economic forecast, the Virginia Board of Education has decided against asking for more funding for the Standards of Quality, state-mandated minimum goals for public schools. In its recommendations to the governor and legislature, the board ...

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Beach jury: Give man eight years for plotting cop’s death (access required)

VIRGINIA BEACH—A jury is recommending an eight-year sentence for a man convicted of plotting to kill a Virginia Beach police detective. Edmund A. Kutauskas was convicted of solicitation to commit murder last month in Virginia Beach Circuit Court. The 55-year-old ...

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