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Monthly Archives: January 2009

Employment – Pension Plan – Trust Agreement – Overpayments (access required)

In this suit by a company pension plan alleging defendant bank, which holds plan trust funds through an assignment agreement, an Alexandria U.S. District Court grants in part the pension plan’s motion for reconsideration of the court’s earlier order to ...

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VSB Disciplinary Actions (access required)

On Dec. 29, 2008, the Virginia State Bar Disciplinary Board revoked the law license of Michael J. Beattie of Vienna. According to the VSB, Beattie consented to the revocation, admitting that he had violated disciplinary rules that govern competence, diligence, ...

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Negligence – Auto Accident – Collateral Source Rule (access required)

A defendant employer in this auto-accident case can exclude medical bills of an injured plaintiff who won a bankruptcy discharge of those bills, even to prove pain and suffering, a Norfolk U.S. District Court holds; in a case of first ...

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Civil Procedure – Choice Of Law – FTCA Damages – Trust (access required)

The 4th Circuit says a Virginia federal court erred in applying Virginia law in deciding not to place into a reversionary trust damages for future medical expenses awarded in a Federal Tort Claims Act, and the case is remanded to ...

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Employment Discrimination – Exhaustion Of Remedies – Retaliation Claim (access required)

A 56-year-old African-American female failed to exhaust her claims of age, sex and race discrimination and the district court’s judgment against her on the merits is vacated and the case remanded by the 4th Circuit for dismissal for lack of ...

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Securities – Securities Fraud – Scienter (access required)

Saying it is not establishing “blanket immunity for accountants for otherwise actionable statements with a strong inference of scienter,” the 4th Circuit nevertheless upholds dismissal of a securities fraud case against Deloitte & Touche involving two food service companies, because ...

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Criminal – Habeas Corpus – Lesser-Offense Instruction – Mental Retardation (access required)

A North Carolina death-row defendant convicted in a fatal shooting during a supermarket robbery is not entitled to habeas relief on his claims that 1) the trial court should have instructed the jury on the lesser-included offense of second-degree murder ...

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