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Monthly Archives: February 2011

Employer Seeks to Amend ERISA Judgment (access required)

A magistrate judge for the Abingdon U.S. District Court recommends denying defendant employer’s motion to modify the court’s earlier judgment that defendants may not modify retiree healthcare benefits under certain collective bargaining agreements. Defendant’s motion to amend the judgment seeks ...

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Retirees Win Attorney’s Fees on ERISA & LMRA Claims (access required)

Plaintiffs who won their suit alleging defendants could not unilaterally terminate or modify retiree healthcare benefits under certain collective bargaining agreements are entitled to attorneys’ fees of $882,236.31, according to a recommendation from a magistrate judge of the Abingdon U.S. ...

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Court Upholds EEOC Subpoena To Public Utility (access required)

Although the Washington Suburban Sanitary Commission claims legislative immunity against an EEOC subpoena for training and hiring records related to employees’ age discrimination complaints after the commission restructured its IT department, the 4th Circuit says it would be premature to ...

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‘Mid-Level’ Drug Dealer’s Sentence Reversed (access required)

A mid-level drug dealer who did not supervise others should not have received a three-level enhancement for a “leadership” role under USSG § 3B1.1(b); the enhancement constitutes plain error and the 4th Circuit vacates defendant’s 365-month sentence and remands for ...

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A 3-3 tie in the Supreme Court (access required)

Here’s an unusual ruling from the Supreme Court of Virginia: “[T]he judgment appealed from is affirmed without opinion by an evenly divided Court.” The court heard several cases last month with only six justices, a rarity because the court usually ...

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