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	<title>Virginia Lawyers Weekly &#187; Opinion Digests</title>
	<link>http://valawyersweekly.com</link>
	<description>VA Lawyers Weekly</description>
	<lastBuildDate>Fri, 03 Feb 2012 19:26:42 +0000</lastBuildDate>
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		<title>Fear of Firing Not Reason to Quit</title>
		<description><![CDATA[Although a truck dispatcher said she did not receive sufficient training and she quit her job because she feared she would be fired, her apprehension was not good cause to leave her job, and the Court of Appeals affirms the denial of unemployment compensation.
The Virginia Employment Commission found claimant’s reason for quitting was not – [...]]]></description>
		<link>http://valawyersweekly.com/2012/02/02/fear-of-firing-not-reason-to-quit/</link>
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		<title>No Res Judicata Bar for Easement Dispute</title>
		<description><![CDATA[In this dispute between plaintiff gas transmission company and defendant property owners over the scope of an easement over defendants’ land, the Richmond U.S. District Court grants plaintiff partial summary judgment on defendants’ claim that the suit is barred by res judicata based on their neighbors’ earlier lawsuit; but the court will allow defendant property [...]]]></description>
		<link>http://valawyersweekly.com/2012/02/01/no-res-judicata-bar-for-easement-dispute/</link>
			</item>
	<item>
		<title>Md. Hospital Can’t Be Sued in Va.</title>
		<description><![CDATA[The estate of a man who allegedly contracted a MRSA infection because of the negligence of defendant, a hospital in Maryland, cannot sue the hospital under the Maryland Health Care Claims Act in a Virginia federal court; the Richmond U.S. District Court transfers the case to a Maryland federal court.
Plaintiff fails to identify any Virginia [...]]]></description>
		<link>http://valawyersweekly.com/2012/02/01/md-hospital-can%e2%80%99t-be-sued-in-va/</link>
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		<title>No Conspiracy in Software Contract Talks</title>
		<description><![CDATA[Although plaintiff had a contract with a software company to market its software and negotiate a contract with Freddie Mac to replace the agency’s quality control software, Freddie Mac wanted a three-party relationship, and its ultimate decision to form a contract only with the software company did not breach an agency contract with plaintiff marketing [...]]]></description>
		<link>http://valawyersweekly.com/2012/02/01/no-conspiracy-in-software-contract-talks/</link>
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		<title>Manager Fired Over Bank Deposit Policy</title>
		<description><![CDATA[A Richmond U.S. District Court says a store manager who faced progressive discipline for multiple instances of failing to follow company policy requiring him to make at least one daily bank deposit before 2:00 p.m. cannot overcome the employer’s defense that he was terminated for this failure, as opposed to employer’s failure to accommodate his [...]]]></description>
		<link>http://valawyersweekly.com/2012/02/01/manager-fired-over-bank-deposit-policy/</link>
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		<title>No Suppression Under Posse Comitatus</title>
		<description><![CDATA[A Russian national woman who initially was investigated by the Department of Homeland Security and the U.S. Customs and Immigration Service for an alleged sham marriage to an enlisted Navy sailor, but who ultimately was prosecuted for a sham marriage to a civilian, cannot get the indictment against her and her husband dismissed as a [...]]]></description>
		<link>http://valawyersweekly.com/2012/02/01/no-suppression-under-posse-comitatus/</link>
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		<title>No Privacy Violation in Camera Seizure</title>
		<description><![CDATA[The 4th Circuit upholds summary judgment for the government in a photojournalist’s suit alleging the government’s seizure of her camera and photographs violated her rights under the Privacy Protection Act; the government established probable cause under the “suspect exception” to base its search warrant on information that plaintiff might have participated in vandalism of the [...]]]></description>
		<link>http://valawyersweekly.com/2012/02/01/no-privacy-violation-in-camera-seizure/</link>
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	<item>
		<title>‘Moral Turpitude’ Removal Order Vacated</title>
		<description><![CDATA[The 4th Circuit vacates a Board of Immigration Appeals’ order of removal for an El Salvadorian native and lawful permanent resident whose removal was ordered after he was charged with a sexual offense against a minor and pleaded guilty to contributing to the delinquency of a minor; the BIA used the wrong method to evaluate [...]]]></description>
		<link>http://valawyersweekly.com/2012/02/01/%e2%80%98moral-turpitude%e2%80%99-removal-order-vacated/</link>
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		<title>No Reversal for Indictment Errors</title>
		<description><![CDATA[The 4th Circuit affirms a defendant’s conviction and sentence on two counts of assaulting a correctional officer, despite errors in the indictment charging him with the offenses.
Defendant contends we should recognize as plain error the failure of count I to allege an intent to commit another felony as required by 18 U.S.C. § 111(a) and [...]]]></description>
		<link>http://valawyersweekly.com/2012/02/01/no-reversal-for-indictment-errors/</link>
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	<item>
		<title>No Fees for Felon on Firearms Charge</title>
		<description><![CDATA[A felon convicted for possession of a firearm in violation of 18 U.S.C. § 922(g)(1) cannot be ordered to repay the costs for his court-appointed attorney pursuant to 18 U.S.C. § 3006A(f), and the 4th Circuit vacates the district court order to pay attorney’s fees.
Defendant challenges the constitutionality of § 922(g)(1). We note the unanimous [...]]]></description>
		<link>http://valawyersweekly.com/2012/02/01/no-fees-for-felon-on-firearms-charge/</link>
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