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Yearly Archives: 2011

Workers’ Comp – Injury By Accident – Massie Rule – Claimant’s Pain (access required)

A claimant’s testimony that she “twisted her body” and “felt something pull” in her lower back when she was attempting to assist a disabled patient by lifting her from a wheelchair onto the toilet, support claimant’s assertion of an identifiable ...

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Constitutional – First Amendment – Medal Claim – Stolen Valor Act (access required)

A Big Stone Gap U.S. District Court says the Stolen Valor Act of 2005 does not violate defendant’s First Amendment free speech rights, and the court refuses to dismiss an indictment charging defendant political candidate with altering documentation submitted to ...

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Criminal – Speedy Trial – Continuance – Transcript (access required)

The Court of Appeals cannot review defendant’s claim that a continuance of his trial for robbery and aggravated malicious wounding should have counted toward the speedy trial calculation under Va. Code § 19.2-243 because defendant did not file a transcript ...

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Contract – Roofing Warranty – VCPA (access required)

An Alexandria U.S. District Court declines to dismiss plaintiff homeowners’ suit alleging defendant manufacturer failed to honor the 20-year repair or replacement warranty for its roofing system and violated the Virginia Consumer Protection Act. According the complaint, plaintiffs contracted with ...

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Intellectual Property – APA – Extension Application (access required)

Where the Patent and Trademark Office denied reconsideration of an earlier decision that plaintiff pharmaceutical company’s request for an amended extension application, based on a change in the PTO’s interpretation of 35 U.S.C. § 156(d)(1) that was apparently announced for ...

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Calling all angels

The 2011 General Assembly, which convenes Wednesday, will be seeking to elect a new justice to take the seat of retiring Supreme Court Justice Lawrence Koontz. Eight statewide bars have handed down endorsements, with the results a veritable crazy quilt ...

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Criminal – Conditional Guilty Plea – Speedy Trial – Grand Larceny (access required)

A defendant who was incarcerated in North Carolina when Chesterfield County issued warrants for his arrest, did not trigger the speedy trial requirement when he wrote to the county prosecutor requesting a speedy trial under the Interstate Agreement on Detainers; ...

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