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Author Archives: Virginia Lawyers Weekly

Criminal – Indictment – Grand Jury Testimony (access required)

Although defendant claims the entire indictment of him on multiple cocaine distribution charges must be dismissed because perjured testimony was presented to the grand jury, we concur with the district court’s factual finding that no convincing evidence of perjury was ...

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Civil Rights – Privileges & Immunities – Commercial Fishermen – Nonresident Licenses (access required)

Where the Commonwealth of Virginia established a “special nonresident harvester’s license” for commercial fishermen outside Virginia who fished Virginia waters, this license fee violated the Privileges & Immunities Clause of the U.S. Constitution, and the commonwealth is permanently enjoined from ...

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Administrative – Social Security – Res Judicata – Reopening Prior Claims (access required)

Although claimant argues that the administrative law judge “constructively” reopened his earlier applications for social security benefits, the ALJ’s consideration of those earlier claims was not a reopening but an additional consideration required because of changes in the social security ...

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Civil Practice – Jurisdiction – Foreign Parent Corporation – Third-Tier Sub – Conducting Business (access required)

Although a foreign parent corporation has a third-tier subsidiary which conducts business in the forum state, that business is not a basis for allowing a federal district court to assert personal jurisdiction over the parent corporation. In the proof below, ...

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Criminal – Indictment – Firearms In Home – Civil Rights Restoration (access required)

Although defendant earlier was convicted under North Carolina law for manslaughter, his civil rights were restored upon service of his sentence and consequently the district court erred in not dismissing a charge against defendant of possession of firearms in his ...

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Tort/Negligence – FTCA – Limitations – Jurisdiction (access required)

Where plaintiff, more than two years prior to filing his administrative tort claim against the federal government, wrote three letters to the government which explicitly indicated that contaminants had been discovered at property surrounding plaintiffs property in an area which ...

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