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Opinion Digests

Administrative – FHA – Commercial Truck Drivers – Pre-Employment Alcohol Testing (access required)

A Federal Highway Administration regulation mandating alcohol testing of commercial truck drivers prior to their performance of “safety-sensitive functions” is struck down because it is based on an erroneous interpretation of the governing statute and is not a reasonable exercise ...

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Employment – Teacher's Contract – Probationary Employee – Certified Question (access required)

A Virginia school teacher who did not teach for three consecutive years was not a “continuing contract” employee who had attained certain statutory protections, and her termination did not violate due process. Upon certification from this court, the Virginia Supreme ...

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Employment – Public Employee – Prison Warden – Qualified Immunity (access required)

A former prison warden can sue two correctional officials who terminated him without allowing him to confront the prison employee who accused him of sexual harassment; however, the District Court erred in failing to find that the defense of qualified ...

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Criminal – Doctor's Excessive Prescriptions – Entrapment – Vulnerable Victim (access required)

In this prosecution of a physician for distributing controlled substances for nonmedical purposes in violation of 21 U.S.C. § 841(a), the testimony of several “patients” as well as medical testimony evaluating the prescriptions provided sufficient evidence to convict. The patients ...

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Contract – Government Contract – Military Surplus Property – (access required)

Court Of Claims A dispute between the United States government and a federal contractor over the ownership of property purchased at a military surplus auction was essentially a contract dispute under the Contract Disputes Act, 41 U.S.C. § 601, and ...

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Civil Rights – Prison Conditions – Access To Medical Care & Courts (access required)

An inmate at a Virginia regional jail has not stated a claim for deprivation of his constitutional rights under 42 U.S.C. § 1983 due to 1) the jail’s failure to provide licensed medical professionals on-site, 24 hours a day; 2) ...

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Employment – ERISA – Disability Benefits – Termination For Fraud – Depression – Community Activities (access required)

A company benefit plan committed procedural and substantive errors under ERISA when it terminated a former employee’s long-term disability benefits awarded for depression after the company conducted surveillance of the employee and after it became concerned about his community activities, ...

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