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Author Archives: Virginia Lawyers Weekly

Sands Anderson opens Williamsburg office (access required)

The Richmond-based firm of Sands Anderson has opened an office in Williamsburg, its sixth location. Joining the firm at that office is community association lawyer Elizabeth L. White, formerly of LeClairRyan. “With Liz joining the firm and our growing business ...

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Black Lung Benefits – Coal Miner/Smoker – FEV1/FVC Ratio (access required)

Westmoreland Coal Co. v. Stallard (VLW No. 017-2-205, 21 pp.) (Wynn, J.) 16-1460; Nov. 29, 2017; On petition for review from the Benefits Review Board; 4th Cir. Holding: The Fourth Circuit holds to the Department of Labor’s regulatory preamble and ...

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Black Lung Benefits – ‘Operator’ – Definition Change – Subsequent Rehire (access required)

Frontier-Kemper Constructors, Inc. v. Director, Office of Workers’ Compensation Programs (VLW No. 017-2-206, 13 pp.) (Diaz, J.) 16-1849; Nov. 30, 2017; on petition for review from the Benefits Review Board; 4th Cir. Holding: When the claimant first worked for petitioner’s ...

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Possession of a Firearm by a Felon – Sentencing Level – Common Law Robbery (access required)

U.S. v. Gattis (VLW No. 017-2-207, 22 pp.) (Niemeyer, J.) 16-4663; Dec. 4, 2017; USDC at Raleigh, N.C. 4th Cir. Holding: Although the North Carolina offense of common law robbery does not qualify as a “violent felony” under the force ...

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Public Employees – Constitutional – First Amendment – Political Activism – Schools & School Boards – Inappropriate Comments (access required)

Penley v. McDowell County Board of Education (VLW No. 017-2-203, 31 pp.) (Thacker, J.) (Wilkinson J., concurring) 16-2034; Nov. 28, 2017; USDC at Asheville, N.C. (Cogburn J.) 4th Cir. Holding: A state house member allegedly threatened the plaintiff-teacher – who ...

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Third-Party Beneficiary – Condition Precedent – Prevention Doctrine –Purposeful Act or Omission (access required)

Rastek Constr. & Dev. Corp. v. General Land Commercial Real Estate Co. LLC (VLW No. 017-6-095, 16pp.) (Kelsey, J.) Record No. 161549. Appealed from the Circuit Court of Chesterfield County. Holding: Where the appellant-seller had signed a sales agreement with ...

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In Forma Pauperis – Inmate Trust Accounts – “Deposits” (access required)

Grethen v. Robinson (VLW No. 017-6-092, 8pp.) (McCullough, J.) (McClanahan, J., dissenting) Record No.  161417. Holding: Where the plaintiff-inmate has an account into which “deposits” are placed but, under Department of Corrections Operating Procedure, these funds are used to satisfy ...

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Adoption – Preservation of Issue for Appeal – Petition to Set Aside Adoption (access required)

Castillo v. Bell (VLW No. 017-7-273, 4pp.) Record No. 0859-17-3. (Per Curiam, unpublished) Appealed from the Circuit Court of Rockbridge County (Filson, J.) Holding: Where the appellant-biological mother endorsed a final adoption order as “Seen and objected to” without further ...

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Failure to Appear – Motion in Limine – Willfulness – Insufficient Evidence (access required)

Cosby v. Commonwealth (VLW No. 017-7-277, 13pp.) (Clements, J.) Record No. 1982-16-2. Appealed from the Circuit County of the City of Richmond. (Rupe, J.) Holding: Where the testimony of a detective that he saw the appellant-defendant in the courthouse about ...

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