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Author Archives: Virginia Lawyers Weekly

Commercial – Securities – Fraudulent Misrepresentations – New Products (access required)

Where plaintiff stock purchasers sued defendant company under § § 10(b) and 20 of the Securities Exchange of Act of 1934 when the shares of stock they purchased between Dec. 8, 1991 and July 30, 1992 declined, the purchasers’ allegations ...

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Criminal – Supervised Release – Reduction Sentence (access required)

Where defendant has fulfilled the statutory conditions of 18 U.S.C. § 3583(e)(1), the district court grants the probation officer’s request to terminate defendant’s period of supervised release on his conviction of illegal straw transactions in the sale of firearms. The ...

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Civil Practice – Amendment Of Judgment – Equal Pay Act Claim (access required)

Although the court amends its earlier opinion to reflect that plaintiff and a male co-worker in fact were not paid at equal salary ranges for a portion of the relevant period of the lawsuit, though they are both currently being ...

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Civil Rights – Constitutional – Va. Attachment Procedures (access required)

Where plaintiff’s § 1983 claim alleges misuse of Virginia’s attachment procedures, these allegations will not support a constitutional claim under § 1983; plaintiff’s claim is interpreted as a challenge to the facial validity of Va. Code § § 8.01-533 et ...

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Environmental – CERCLA Cleanup – Petroleum Exclusion – Responsible Parties (access required)

Although defendants, prior property owners and their wives, in this action under the Comprehensive Environmental Response, Compensation & Liability Act, 42 U.S.C. § 9607, allege that the contaminants alleged are petroleum hydrocarbons exempt from CERCLA coverage under the “petroleum exclusion,” ...

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Bankruptcy – Administrative Expenses – Benefit To Estate (access required)

Where the bankruptcy court did not make a finding whether the claimed attorney’s fees and expenses were incurred for services to benefit the debtor’s estate, this case is remanded for the necessary finding. The court concludes that 11 U.S.C. § ...

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