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Monthly Archives: August 2009

Traffic Offenses – Driving After HO Order – ‘Highway’ – Apartment Complex (access required)

Although defendant claimed the area “in the rear of” a private apartment complex in Portsmouth was not a “highway,” the Court of Appeals affirms his conviction under Va. Code § 46.2-357 for driving after adjudication as an habitual offender. “Highway” ...

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Criminal – Murder – Prior Nolle Prosequi (access required)

At defendant’s sentencing for second-degree murder and firearm use, the trial court did not err in refusing to allow defendant to advise the jury he had been incarcerated for the same charges that previously had been nolle prosequied, the Court ...

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Workers’ Comp – Arising Out Of – Ice Fight – Shoulder Dislocation (access required)

A restaurant employee who dislocated his shoulder and needed surgery when he threw up his arm to block ice being thrown by idle coworkers cannot collect workers’ comp because his injury did not arise out of his employment, the Court ...

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Insurance – D&O Policy – Legal Fees (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 dismisses a director’s counterclaim against the D&O carrier alleging the carrier ...

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Creditor’s Rights – FDCPA – ‘Debt Collector’ (access required)

A Richmond U.S. District Court allows plaintiff debtor to amend her complaint to assert a Fair Debt Collection Practices Act claim against defendant “property management company.” Defendant argues that the FDCPA does not apply to it because it is not ...

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Civil Rights – Prison Privileges – EBP Program (access required)

Defendant correctional officials win summary judgment in an inmate’s civil rights suit challenging implementation of an “Evidence Based Practices” disciplinary program at Sussex II state prison, which rewards groups of inmates with privileges if the group meets specified standards for ...

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Contract – Miller Act – Payments To Sub – Non-Miller Act Setoffs (access required)

Miller Act sureties are not entitled to set off a general contractor’s claims against a sub arising out of a non-federal project based on the parties’ federal construction subcontract provisions that expressly allow the general to set off any claims, ...

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Attorneys – Legal Malpractice – Immigration Causation (access required)

A Venezuelan native who claims his lawyer committed malpractice when he failed to move to reopen immigration proceedings, resulting in the client’s five-day detention by immigration authorities, has not presented a triable issue of fact on causation, an Alexandria U.S. ...

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Bankruptcy – State Property Exemption – Supremacy Clause – W. Va. Law (access required)

The 4th Circuit affirms a decision construing W.Va. Code § 38-10-4, and holds that state property exemptions that apply only in bankruptcy actions are not rendered invalid by the Supremacy Clause of the U.S. Constitution. We have before us consolidated ...

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