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Author Archives: Deborah Elkins

Labor – Arbitration Award – Union Grievance – Delivery Drivers (access required)

A Richmond U.S. District Court affirms an arbitrator’s award for the company in a union’s grievance of the company’s subcontracting offsite delivery work without assigning the work to union drivers. Under the exceedingly deferential standards, courts must enforce an arbitration ...

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Search & Seizure – Traffic Stop – Turn Signal – Va. Law (access required)

An officer who responded to a dispatch report of a reckless driver in a black Toyota Corolla, to find defendant in that car, turning out of a 7-Eleven store parking lot without signaling, and who then observed defendant make a ...

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Contract – Miller Act – Performance & Payment Bonds (access required)

Plaintiff owners of a construction company that lost a Manassas property to foreclosure after it used the property to secure bonds for its bid on a water tank construction project for the Bureau of Prisons, cannot seek relief from the ...

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Real Estate – Easement – Deed – Partial Release (access required)

Although plaintiff cannot establish an express easement or an easement by implication, there is still a material factual dispute over the existence of an easement by prescription, and the Alexandria U.S. District Court grants in part and denies in part, ...

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Bankruptcy – Jurisdiction – Untimely Appeal (access required)

An Alexandria U.S. District Court dismisses a debtor’s appeal from the bankruptcy court’s dismissal of an adversary proceeding in this chapter 13 case, in which debtor filed a complaint seeking to avoid “fraudulent transfer of funds” that Melka Marine received ...

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Labor – FLSA – Overtime Pay – Civilian Contractors (access required)

An Alexandria U.S. District Court dismisses this action for breach of contract and for overtime pay under the Fair Labor Standards Act filed by Iraqi-born civilian contractors hired by defendant companies to perform translation services, as plaintiffs’ alleged services were ...

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Insurance – Policy Coverage – Sprinkler System – Duty To ‘Maintain’ (access required)

Predicting how a Virginia state court would rule, an Alexandria U.S. District Court says a warehouse owner that leased the property to a coffee company has coverage for fire loss, despite the insurance carrier’s claims that the owner breached a ...

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Insurance – Auto Policy – Corporate Merger – Certification Order – W.Va. Law (access required)

The 4th Circuit certifies to the West Virginia Supreme Court of Appeals a question of insurance law and corporate law involving auto liability coverage for an employee’s traffic accident after a corporate merger. The 4th Circuit certifies the following question: ...

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Criminal – Sentencing – Violent Felony – ACCA – Assault (access required)

The 4th Circuit vacates defendant’s sentence under the Armed Career Criminal Act because the district court erred in relying on documents filed in Maryland state court to determine that a prior state conviction for second-degree assault qualified as a “violent ...

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