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Monthly Archives: May 2010

Zoning – Special Use Permit – Wal-Mart Store – National Trust Standing (access required)

Although plaintiff National Trust for Historic Preservation is appropriately concerned about the potential impact of a Wal-Mart store on the Wilderness Battlefield property, under Virginia Supreme Court precedent, the Trust’s general concern does not give it standing to challenge defendant ...

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Negligence – Premises Liability – Construction Site – Trespass (access required)

A plaintiff who trespassed onto a construction site the possessor had taken measures to secure, through continuous efforts to seal a gap in the fence that was a known point of entry, cannot sue for damages from injuries when he ...

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Labor – Arbitration – Coal Miner Health Benefits (access required)

The Power Mountain Coal Company cannot overturn an arbitration award that allows two former coal miners to collect retirement health benefits under a collective bargaining agreement Power Mountain took on when it purchased the plant where the miners had worked; ...

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Search & Seizure – Computer Search – Child Pornography (access required)

A defendant sentenced to 192 months in prison on child pornography charges cannot overturn his conviction or sentence with a challenge to the government’s alleged use of “secret” administrative subpoenas to investigate his case, the 4th Circuit says. Defendant contends ...

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Criminal – Sentencing – Career Offender – Proof Of Prior Convictions (access required)

Although defendant contends the sentencing court erred when it looked beyond certain documents to determine whether defendant’s earlier sentence involved two separate predicate offenses, as evidenced by an intervening arrest, the 4th Circuit says the district court did not err ...

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Municipal – City Sidewalk – Slip & Fall – Tree Roots (access required)

A plaintiff who alleges improper maintenance of a city sidewalk and the city’s failure to respond to residents’ complaints about the uneven sidewalk adjacent to tree roots can try her case; a Norfolk Circuit Court says the pleadings do not ...

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