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Author Archives: Virginia Lawyers Weekly

Administrative – Social Security – Child's Insurance Benefits (access required)

Although decedent wage earner was contributing to plaintiff infant’s support prior to his death, decedent made no contributions towards the child’s support for at least a year prior to his death, and the child cannot qualify for social security benefits ...

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Bankruptcy – Automatic Stay – Foreclosure – Claim Of Forced Eviction (access required)

Where debtors filed a Chapter 7 petition, but after their bankruptcy case was closed and on the eve of foreclosure on their house, debtors stayed the foreclosure, claiming that the lender had conspired with the county to force them from ...

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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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