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Opinion Digests

Social Security – Child's Benefits – Jurisdiction (access required)

Although an Administrative Law Judge determined that claimant’s twin daughters qualified for children’s Social Security benefits dating back to their initial 1985 application, the decision of the Appeals Council finding no good cause to reopen the 1985 determination reversed that ...

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Admiralty – Contractual Liens On Subfreights – Actual Notice (access required)

Vessel owners with contractual liens on subfreights owed to charterers of their vessels must give actual notice of those lien to third-party obligors because the vessel owners are in the best position to disclose the existence of such liens. The ...

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Search & Seizure – Initial Search Illegal – Independent Second Search – Marijuana In Garage (access required)

Although the police had no warrant when they first entered defendant’s garage, their subsequent search under a warrant was not impermissibly tainted by the illegal entry because of the independent information police had obtained during their year-long investigation of plaintiff. ...

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Civil Rights – Privacy Right – Confidentiality Of Medical Records – VA Hospital – Qualified Immunity (access required)

A disabled Vietnam veteran may not recover under 42 U.S.C. § 1983 for the alleged unauthorized disclosure by defendant, a counselor at a Veterans Center, of confidential medical information to the veteran’s girlfriend. Defendants, the counselor and two other VA ...

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Civil Practice – Service Of Process – International Service – Hague Convention (access required)

Plaintiffs who are suing an Italian insurance company have not perfected service by complying with the provisions for substituted service under the Virginia long-arm statute; rather, they must comply with the “Hague Convention” and serve the insurance company through the ...

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Employment Discrimination – Age – Timely EEOC Charge – Letter To Agency (access required)

Although a railroad clerk’s initial letter of complaint to the Equal Opportunity Employment Commission was incomplete and did not constitute an administrative complaint, the agency’s response to the clerk indicated that it believed a formal charge had been filed and ...

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Bankruptcy – Dischargeability Of Debt – Financial Misrepresentations – Debtor's New Guaranty (access required)

A commercial real estate developer’s failure to update his personal financial statement by informing the plaintiff bank about several million dollars in additional guaranties taken on by the developer was a material misrepresentation which prevents the developer from discharging in ...

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Bankruptcy – Amendment To Schedules – Addition Of Creditor – Ch. 7 (access required)

Debtors, a husband and wife, may not reopen their no-asset chapter 7 case in order to discharge a $10,000 judgment debt obtained by a creditor whose claim was intentionally omitted from the debtor’s bankruptcy schedules. The creditor boarded with the ...

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