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Author Archives: Deborah Elkins

Texting teacher wins high court review (access required)

A female teacher who sent photographs of herself in the bathtub to an 11-year-old boy has won a chance to have her conviction overturned by the Supreme Court of Virginia. Last May, the Virginia Court of Appeals affirmed Kimberlee Dietz’ ...

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Claimant Wins Benefits for Post-Accident PTSD (access required)

The 4th Circuit upholds an award of benefits under the Longshore and Harbor Workers’ Compensation Act for a longshoreman who suffered from post-traumatic stress disorder after he accidentally ran over and killed a coworker in a tragic workplace incident; the ...

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Hospital can charge for ‘provider portal’ access (access required)

Emergency Hospital Paramedics MAIN

A Virginia hospital can ask a plaintiff to cover the cost of a hospital employee to assist the plaintiff’s lawyer in navigating an online portal for a client’s medical records, a Norfolk Circuit Court has ruled. Citing federal regulations under ...

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Involuntary Manslaughter Not ‘Moral Turpitude’ Crime (access required)

Virginia’s involuntary manslaughter offense is not a “crime of moral turpitude” and the Board of Immigration Appeals erred in its contrary holding and in rejecting a Belarus native’s petition for asylum, withholding of removal and protection under the Convention Against ...

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‘Trust,’ ‘Leadership’ Guidelines Used at Sentencing (access required)

In sentencing a pharmacy intern for structuring cash transactions to evade reporting requirements, a district court did not err in enhancing defendant’s sentence under federal guidelines for his leadership role and his abuse of a position of trust in connection ...

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‘Joint Employer’ Covers TV Technician Pay (access required)

Two groups of satellite television technicians have sufficiently alleged that defendants DIRECTV and DirectSat jointly employed the technicians for coverage by federal minimum wage and overtime pay standards, and the 4th Circuit reverses dismissal of plaintiff technicians’ FLSA suits. ’Joint ...

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