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Monthly Archives: January 2010

Student injured in fall through uncovered window well – $1,100,000 Verdict  (access required)

Plaintiff was a student at the College of William and Mary in October 2003, when she attended as a social guest a party given by Beta Theta Pi at its on-campus house. During the party she and several friends went ...

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Environmental – Clean Water Act – Natural Gas Terminal (access required)

The 4th Circuit denies a petition for review of the denial by the Maryland Department of the Environment of petitioners’ request for water quality certification under the Clean Water Act of a proposed large-scale liquefied natural gas marine import terminal ...

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Search & Seizure – Auto – Inventory Search – Closed Containers (access required)

A police search of defendant’s impounded vehicle after his arrest on an outstanding warrant did not violate defendant’s Fourth Amendment rights and the 4th Circuit upholds defendant’s firearm conviction and convictions for conspiracy to distribute marijuana and possession with intent ...

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Two NoVa legal aid offices merged Jan. 1 (access required)

Legal Services of Northern Virginia and Potomac Legal Aid Society merged on Jan. 1 in what officials at the two organizations say is an effort to make the most effective use of their resources. James A. Ferguson, executive director of ...

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New PD offices opposed (access required)

Gov. Timothy M. Kaine wants to create public defender’s offices in Chesterfield, Henrico and Prince William counties to save money, about $1.2 million annually. But most lawyers who practice criminal law in those localities believe the court-appointed system works well ...

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No custody change from mom’s move (access required)

A mom who moved from Virginia to Colorado with her 4-year-old son, without telling the boys dad, did not forfeit custody of the child. Although the child’s guardian ad litem’s report supported a psychologist’s evaluation that the mother’s move had ...

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Labor – FLSA – ‘Changing Clothes’ – Poultry Processer (access required)

A poultry processing plant is not required under the Fair Labor Standards Act to pay employees for “donning and doffing” protective gear, as that activity constitutes “changing clothes,” and the 4th Circuit affirms a judgment that allowed the plant to ...

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Civil Rights – Inmate Medical Care – Deliberate Indifference (access required)

A prison nurse did not necessarily have qualified immunity from an inmate’s claim that the nurse tore up an “Order to Report” slip that prescribed a specific course of treatment for the inmate’s foot infection, and the 4th Circuit reverses ...

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Workers’ Comp – LHWCA – Aggravated Injury – Attorney’s Fees (access required)

The Benefits Review Board did not err in holding that the employer did not rebut a shipyard worker’s prima facie case of workplace related aggravation-injury, but the 4th Circuit says the board abused its discretion in applying a 10-year-old case ...

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Employment – Whistleblower – Sarbanes-Oxley – Jurisdiction (access required)

In this first-impression case, a national account director for a diagnostic-instrument manufacturer who allegedly uncovered inadequate internal controls and misrepresentations to shareholders, gets a de novo proceeding of his Sarbanes-Oxley whistleblower case in federal district court, and the 4th Circuit ...

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