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Author Archives: Virginia Lawyers Weekly

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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Criminal – Sentencing – Enhancement – Predicate Offenses – Violent Felonies (access required)

Although defendant contends that neither his prior conviction for attempted burglary nor his conviction for aggravated assault qualifies as a violent felony for purposes of sentence enhancement under federal sentencing law, his sentence, as enhanced, is upheld. While we note ...

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Criminal – Cocaine Quantity – Reasonably Foreseeable (access required)

Where the district court, in sentencing defendants for drug charges under 21 U.S.C. § 841, failed to determine the quantity of narcotics reasonably foreseeable to each individual coconspirator within the scope of their agreements, such a determination must be made ...

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Civil Practice – Partial Judgment – Rule 54(b) – Negligent Nondisclosure – Environmental Waste (access required)

Where plaintiff buyer alleged seller failed to disclose the existence of creosote, an environmental waste, on the property buyer purchased, and the buyer sued the seller of land under state law theories of fraud, negligent nondisclosure and under § 107 ...

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Insurance – Employee Health Benefits – Bone Marrow Transplant (access required)

Although the insurance company, Blue Cross & Blue Shield, relied on an amendment to its health care policy to deny a 59-year old partner in a Washington, D.C. law firm coverage for an autologous bone marrow transplants in combination with ...

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Labor & Employment – Collective Bargaining – Official Time – Sexual Harassment (access required)

Where the Federal Labor Relations Authority declared that two provisions of the Immigration & Naturalization Service’s collective bargaining agreement, one provision dealing with “official time,” and another dealing with sexual harassment, were not properly negotiable, the court grants enforcement as ...

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