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Monthly Archives: June 2009

Insurance – ‘Stacking’ Coverage – UM/UIM – Passenger Injury (access required)

A girl injured while a passenger in an underinsured vehicle can “stack” the UM/UIM coverage for bodily injury on three separate vehicles listed in the policy carried by her parent, as the Virginia Supreme Court distinguishes the anti-stacking language in ...

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Administrative – Waste Permit – ‘Materials Recycling Facility’ (access required)

A construction waste facility proposed by Frederick County Business Park LLC is a “materials recovery facility” subject to the permitting requirements of the Virginia Solid Waste Management Regulations, and the Virginia Supreme Court upholds the agency decision requiring a permit. ...

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Criminal – Capital Case – Mandamus – Mental Retardation (access required)

The Supreme Court of Virginia says prosecutors had no way to challenge a trial court’s commutation of Daryl Atkins’ death sentence to life imprisonment when ordered to consider whether Atkins was mentally retarded, but two dissenting justices said the trial ...

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Bankruptcy – Peanut Plant – Salmonella Contamination (access required)

In this litigation over a debtor peanut production plant’s D&O policy interpled to cover anticipated claims arising from salmonella-contaminated products made by the plant, a Lynchburg U.S. District Court grants the motion of a former director to withdraw reference of ...

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Criminal – Congressman Indictment – Bribery – Expert Witness (access required)

In this prosecution of a U.S. Congressman from Louisiana for multiple counts of wire fraud, bribery, conspiracy, money laundering, foreign corrupt practices and racketeering, an Alexandria U.S. District Court denies defendant’s motion to exclude the proposed testimony of the government’s ...

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Employment Discrimination – Work-Related Injury – Retaliation (access required)

A postal worker who claims she injured her back and was unfairly treated on the job after she needed light-duty work, culminating in her termination, loses her case on summary judgment in the Alexandria U.S. District Court. Plaintiff had not ...

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Criminal – Congressman Indictment – Bribery – ‘Official Act’ (access required)

In this prosecution of a U.S. Congressman from Louisiana for multiple counts of wire fraud, bribery, conspiracy, money laundering, foreign corrupt practices and racketeering, an Alexandria U.S. District Court clarifies its opinion from May 2008 to tell the government how ...

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Civil Procedure – Venue – Purchase Agreement – Clean-Up Costs (access required)

A Newport News U.S. District Court is a proper venue for this suit by plaintiff purchaser of a Yorktown fuel refinery under the Purchase Agreement’s forum selection clause, and plaintiff purchaser has stated a claim for indemnification for environmental clean-up ...

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