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Opinion Digests

Civil Practice – Discovery – Insurance Interview Statement (access required)

The defendant in this auto-accident personal injury case is not entitled to a protective order denying the plaintiff access to defendant’s carrier’s claim investigation filed, which contains defendant’s statement interview given to the carrier’s claims adjuster. While it is true ...

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Workers' Comp – Change In Physicians – Commission Directive (access required)

Although claimant was entitled to initially seek care from her own physician because the employer did not offer her a panel, the commission was entitled to order a new panel to be offered to claimant where her own physician had ...

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Workers' Comp – Third-Party Settlement – Subrogation Rights (access required)

A claimant who settled his third-party claim against the driver of the vehicle that struck him, without notice to claimant’s employer, has impaired the employer’s right of subrogation under Va. Code § 65.2-309 and therefore is barred from receiving workers’ ...

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Search & Seizure – Electronic Surveillance – Privacy Act – 'Pager Clone' (access required)

A “pager clone,” which receives not only telephone numbers but also additional coded numbers conveying substantive information, is not a “pen register” under a federal statute governing electronic surveillance, and a state court could not authorize police monitoring of a ...

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Civil Practice – Appellate Review – Summary Judgment Review After Full Trial (access required)

In this engineering contract dispute, the appellate court declines to review the district court order denying the contractor’s summary judgment motion after the District Court held a full trial on the merits; we also affirm the District Court’s denial of ...

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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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