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Monthly Archives: July 2009

Search & Seizure – Auto Exception – Impound Lot (access required)

Police search of a clearly operational vehicle in an impound lot, without a warrant, was allowed under the automobile exception because the search was supported by probable cause and was conducted on a readily mobile vehicle, an Alexandria U.S. District ...

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Employment – ERISA – Pension Plan – Employer Contribution (access required)

A former salesman for defendant Custom Business Graphics cannot pursue an ERISA claim alleging employer failed to make a required pension plan contribution by funding the employer contribution from the salesman’s earned commission because the claim is time-barred, the Norfolk ...

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Employment – ERISA – Disability Benefits – Pre-Existing Condition (access required)

A sheet metal mechanic for an air-conditioning company is not entitled to long-term disability for his back condition because his medical record indicates a pre-existing condition of back pain, the Richmond U.S. District Court says; even though claimant did not ...

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Taxation – Car Sales – Tax Write-Off – Bona Fide Sale (access required)

An automobile manufacturer presented sufficient evidence to support the jury verdict that a 1983 contract selling excess inventory to a warehouser was a bona fide sale of previously transferred inventory, to allow the manufacturer to qualify for a tax refund ...

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Judge rejects Lexington drowning case after jury hangs

Rockbridge County Circuit Judge Michael Irvine has granted a defense motion to strike a wrongful death lawsuit after a jury deadlocked over liability for a teen’s 2006 drowning at a Lexington city park. Charles Volpe, 16, drowned while swimming at ...

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Civil Rights – Hospital Staff – Privilege Suspension – Due Process (access required)

A physician whose hospital staff privileges were suspended cannot sue under 42 U.S.C. § 1983 for due process violations because he has not shown that appointment of defendant hospital’s board of trustees by state actors meant the board acted under ...

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Civil Rights – Schools – IDEA – Attorney’s Fees – Confidential Mediation (access required)

Because a school board’s settlement offer to an autistic student’s parents explicitly referred to a confidential mediation, in violation of the IDEA, the 4th Circuit says the district court properly refused to consider the offer as evidence and granted attorney’s ...

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Defense seeks new trial claiming juror misconduct

A Chesapeake judge is considering a mistrial motion in a murder case after a juror failed to disclose her history as a crime victim. James Boughton Jr. was previously found guilty for shooting a Mormon missionary to death. This past ...

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Defense seeks new trial claiming juror misconduct

A Chesapeake judge is considering a mistrial motion in a murder case after a juror failed to disclose her history as a crime victim. James Boughton Jr. was previously found guilty for shooting a Mormon missionary to death. This past ...

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