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Author Archives: Virginia Lawyers Weekly

Commercial – Securities – Future Earnings Predictions (access required)

Although plaintiff stock purchasers allege that defendant company artificially inflated its stock price by not disclosing the full impact of a slowdown in the company’s contract awards with the Department of Energy, the purchasers’ suit under the Securities Exchange Act ...

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Products Liability – Asbestos – State-of-the-Art Evidence – Jury Verdict Form – N.C. Law (access required)

Although plaintiff widow of an insulation installer exposed to asbestos contends that the district court erred in allowing into evidence at the products liability trial evidence of certain 1972 Occupational Safety & Health regulations which established standards for exposure to ...

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Labor & Employment – Prior Settlement – UFLP – Coal Company (access required)

The court orders enforcement of an order of the National Labor Relations Board setting aside a prior settlement agreement between the mine workers’ union and the coal company due to post-settlement unfair labor practices committed by the company when it ...

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Labor & Employment – Non-Compete Agreement – Geographic Restriction – Intellectual Property (access required)

Where plaintiff software company’s non-compete agreement with its former software designer provided that, for one year after termination, the designer would not compete in any capacity with plaintiff company’s business of developing and marketing electronic data interchange software in any ...

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Rehearing Granted (306812) (access required)

On Aug. 20, 1993, the 4th U.S. Circuit Court of Appeals granted a rehearing in U.S. v. Hamrick, (VLW 093-2-187), No. 925107. The court’s published decision in the case, released June 15, 1993, has been vacated.

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Administrative – Black Lung Benefits – Most Recent Physician Opinions (access required)

Where the administrative law judge, in reviewing this claim for black lung benefits, found that the interim presumption of total disability due to pneumoconiosis under 20 C.F.R § 727.203(a) was rebutted under (b)(3) by the “decisive weight” he gave to ...

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Civil Practice – Voluntary Withdrawal – Admiralty – Salvage Rights – Titanic (access required)

Where Marex Titanic, a group of salvors claiming exclusive salvage rights to the wreck of the Titanic (despite appellee Titanic Ventures having conducted salvage operations yielding 1,800 artifacts from the wreck site since 1987), attempted to voluntarily dismiss its suit ...

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Criminal – Evidence – Defendant's Whereabouts – Harmless Error (access required)

Although the district court erred in admitting the government’s evidence of defendant’s statement as to his whereabouts on the day of the charged offense of cocaine possession with intent to distribute, that error was harmless and the conviction is affirmed. ...

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