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Author Archives: Virginia Lawyers Weekly

Civil Rights – Federal Rehabilitation Act – Limitations – Va. Personal Injury Limitation (access required)

On interlocutory appeal, the district court erred by applying the Virginia personal injury statute of limitations to the Federal Rehabilitation Act, 29 U.S.C. § 794, instead of the one-year limitation period under the Virginia Rights Of Persons With Disabilities, Act, ...

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Taxation – Income – Source & Application Of Funds – Drug Distribution Money (access required)

Although the taxpayers challenge the Internal Revenue Service’s assertion of income tax deficiencies by claiming that the IRS failed to produce predicate evidence to connect them to drug-related activities which the IRS claimed generated unreported illegal income, the IRS has ...

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Taxation – Railroad Property – Assessment Methodology – Abstention (access required)

Although the railroad previously has lost lawsuits challenging the methodology by which the Commonwealth of Virginia assesses the railroad’s real property, the railroad may proceed with this suit because it challenges the application of the particular method used by the ...

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Civil Rights – Prisoner's Medical Care – Frivolous Suit (access required)

Where the Maryland inmate has filed a § 1983 suit charging inadequate medical care based on his allegedly having received an additional vaccination for tuberculosis which caused him to break out in a rash, the district court did not abuse ...

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Taxation – Municipal – City User Fee – U.S. Immunity (access required)

Where the city of Huntington, W.Va. has imposed a municipal “service fee” to cover fire and flood protection, as well as certain infrastructure improvements, the city’s assessment of this fee on agencies of the federal government, based on square footage ...

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Environmental – Clean Water Act – Bridge Repair – 'Shotcrete' Discharge (access required)

Where the site superintendent for a bridge repair project was directly involved in spraying shotcrete (a combination of sand, cement and water sprayed through a hose) into the creek, and onto trees and banks surrounding the creek, which later fell ...

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Civil Practice – Jurisdiction – Federal Employee Health Benefits (access required)

Where plaintiff, a federal employee, is suing North Carolina Blue Cross & Blue Shield for denying coverage for her breast-cancer treatment of high-dose chemotherapy with autologous bone marrow transplant, and she is suing under a benefit plan set by the ...

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Attorneys/Ethics – Attorney's Fees – Administrative – Challenge To Firearms Regs (access required)

Where the National Rifle Association challenged certain regulations promulgated by the U.S. Bureau of Alcohol, Tobacco and Firearms and later petitioned for attorney’s fees under 18 U.S.C. § 924(d)(2)(B), the district court correctly ruled that the NRA is not entitled ...

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