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Author Archives: Virginia Lawyers Weekly

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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Evidence – Prior Testimony – Rule 804(b)(1) – Trustworthiness (access required)

Although defendant’s brother’s testimony at a suppression hearing, that he had directed defendant to purchase a toolbox and arrange for defendant’s female friend to deliver the toolbox, which contained cocaine, to the brother in North Carolina, was inadmissible under Fed. ...

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Criminal – Transfer From Foreign Prison – Good Time Earned Credit (access required)

Where defendant originally was convicted and sentenced in England for heroin smuggling, but obtained a transfer to the U.S. to serve her sentence under an international treaty allowing for the transfer of sentenced persons, the U.S. Parole Commission did not ...

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Criminal – Supervised Release – Modification (access required)

Where the district court, upon finding that defendant had violated several conditions of his supervised release, modified the conditions of the release to order defendant to reside in a community service center for six months and then resume his supervised ...

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Criminal – Plea Agreement – Fifth Amendment – Entry Of Plan (access required)

Even assuming defendant had a sufficient Fifth Amendment right to be free from self-incrimination to warrant enforcement of a plea agreement which defendant claimed to have partially performed to his detriment, we agree with the district court that defendant breached ...

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