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Comp lost over failed drug test (access required)

A claimant who failed a drug test and was fired from his job was not entitled to reinstatement of his workers’ compensation benefits, the Court of Appeals has ruled. The claimant was fired for cause and forfeited his benefits, the ...

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Return of license estops DUI charge (access required)

A driver who won back her suspended license could use collateral estoppel to get her DUI case dismissed in Prince William General District Court. The case appears to be the first reported instance in which collateral estoppel has succeeded as ...

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Mail service abroad fails (access required)

A Virginia plaintiff cannot serve process on an Italian insurance company merely by having papers mailed directly to its business address in Milan, an Alexandria federal judge has ruled, adopting the report of a magistrate judge. There is a split ...

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Rule on "slow plea" on the way (access required)

WILLIAMSBURG–The Judicial Council will consider whether the so-called “slow plea” in bifurcated felony trials is valid. A “slow plea” occurs when a defendant pleads not guilty in a felony case. If the jury then returns a guilty verdict, the defendant ...

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What is a community? (access required)

Although using a claims database may provide a basis for evaluating whether a medical claim under workers’ compensation exceeds the prevailing rate in the community, it leaves unanswered a more basic question: How should “community” be defined in workers’ compensation ...

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