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Author Archives: Deborah Elkins

Labor – Retiree Health Benefits – Pretrial Rulings – Witness Disclosure (access required)

In anticipation of trial of this dispute between the UAW and Volvo Trucks North America over retiree health benefits under union contracts, an Abingdon U.S. District Court says plaintiffs violated federal discovery rules with untimely disclosure of 22 challenged witnesses, ...

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Employment – FLSA – Anti-Retaliation Claim – Refusal To Hire (access required)

An Alexandria U.S. District Court says a job applicant is not protected under the Fair Labor Standards Act’s anti-retaliation provision from an employer’s alleged refusal to hire her after learning she filed an FLSA claim against another employer. Plaintiff is ...

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Undocumented alien suffers brain injury in workplace fall – $2,500,000 Settlement (access required)

The injured worker was a 40-year-old undocumented alien who worked evenings cleaning office buildings in Northern Virginia. At the time of the accident, the claimant had an average weekly wage of $323, and therefore qualified for a $215 compensation rate. ...

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Wood wins VSB Family Law ‘Lifetime Achievement’ Award

Richmond lawyer William C. Wood can take a lot of personal satisfaction in how Virginia family law practice has grown in scope and complexity since he pioneered his specialty practice in Henrico in 1966. One of the deans of the ...

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Criminal – Escape – S.C. Law – ACCA – ‘Violent Felony’ (access required)

Charging and sentencing documents in defendant’s South Carolina conviction for escape do not show whether it was a “walk-away” or a “break-out” escape, and recent changes in the law draw this distinction; the 4th Circuit vacates defendant’s sentence under the ...

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Criminal – Competency – Forcible Medication – Waiver (access required)

The 4th Circuit upholds a criminal defendant’s guilty plea to a firearm charge, entered after four years of competency hearings leading to a forcible medication order; defendant did not appeal the earlier forcible medication order and his guilty plea waived ...

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Civil Procedure – Jurisdiction – Complete Diversity – Remand (access required)

Because the tortfeasor defendants are only nominal parties to this action filed by a policyholder against his auto liability carrier, and the real parties in interest are diverse, the Alexandria U.S. District Court has subject matter jurisdiction over this case ...

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Insurance – Policy Coverage – Chinese Drywall – Voluntary Remediation (access required)

A home builder who voluntarily fixed drywall-related problems in customers’ homes is not entitled to reimbursement from its insurer unless the builder can show it was faced with a “legal obligation” to pay “damages,” says a Norfolk U.S. District Court. ...

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Civil Procedure – Warrant In Debt – Estate Creditor – Limitations (access required)

A pro se plaintiff’s negligence action against an estate, not the personal representative, is barred by the statute of limitations, as Va. Code § 8.01-6.2(B) did not toll the limitations period, and the Supreme Court of Virginia affirms dismissal of ...

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