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Author Archives: Virginia Lawyers Weekly

Civil Rights – Access To Courts – Proper Defendants (access required)

Where plaintiff, who earlier was convicted of bank robbery, had dismissed his court-appointed counsel and represented himself at trial, his later claim that his constitutional rights were violated because he had only limited access to the law library or to ...

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Admiralty – Civil Practice – Impleader (access required)

Where plaintiff seaman on a U.S. vessel claims injuries resulting from a fall from a ladder on his vessel which he alleges was damages during a collision two days earlier between his vessel and a tug owned and operated by ...

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Insurance – ERISA – Disability Pension – Workers' Comp Offset – Medical Exams (access required)

Where plaintiff is receiving long-term disability benefits from defendant insurance company under a policy issued to plaintiff’s employer, but plaintiff also is receiving workers’ compensation benefits paid by a third party, the insurance company is entitled to offset those workers’ ...

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Attorneys/Ethics – Evidence – Document Disclosure – In-House Counsel (access required)

Where the attorney, former in-house counsel for plaintiff corporation, has failed to prove that a reasonable attorney in his position would have found that the 4,300 copies of documents he took with him when he was terminated clearly establish fraud ...

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Civil Practice – Class Certification – Typicality – Fraudulent Misrepresentations – Stock Price Inflation (access required)

Where plaintiff investors seek to certify a class under Fed. R. Civ. P. 23 of purchasers of defendant corporation’s stock during a period in which defendants’ alleged misrepresentations concerning earnings estimates allegedly fraudulently inflated the price of the stock, the ...

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Admiralty – LHWCA – Maritime Personal Injury – Time Charterer – Form Time Charter (access required)

Where a longshoreman alleges he was injured while unloading a containership, and sues the charter party, contending that the charter party placed responsibility for all off-loading operations on the charterer and that the charterer negligently used an inadequately manned crew ...

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Criminal – Forfeiture – Sham Cocaine Storage – Motel & Restaurant – Motion To Reconsider – Double Jeopardy (access required)

Where the government had the opportunity at the first criminal forfeiture trial to prove that the property owned by defendant included both a motel and a lounge, physically attached and on the same parcel of land, but the government failed ...

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Administrative – Workers' Comp – Social Security – Offset (access required)

Although plaintiff claims that he continued to need medical treatment for mental problems and for back pain arising from his work-related injury, and that he incurred a substantial portion of his unpaid fees for this treatment after the Virginia Industrial ...

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Bankruptcy – Subordination Of Tax Lien – Sale Of Real Property (access required)

Where the trustee wishes to subordinate the county’s real property tax lien in order to distribute anticipated net sale proceeds of approximately $85,000 pursuant to 11 U.S.C. § 724(b) in order to cover certain of the bankruptcy estate’s administrative expenses, ...

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