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Opinion Digests

Criminal – Sentencing – Armed Career Criminal – Weapons Cache (access required)

A defendant with a history of violent crime was properly sentenced to the mandatory minimum 15-year term under the Armed Career Criminal Act for his possession of 79 firearms after conviction of a felony. Defendant first challenges the constitutionality of ...

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Civil Rights – Schools – All-Male College – VMI (access required)

A poll of the court failed to produce a majority of the court in favor of rehearing. Chief Judge Ervin and Judges Hall, Murnaghan, Wilkins, Michael and Motz voted to rehear this case en banc; Judges Russell, Widener, Niemeyer and ...

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Administrative – Black Lung Benefits – Evidence – State Agency Report (access required)

In considering a coal miner’s claim under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq., the Administrative Law Judge and the Benefits Review Board properly refused to admit into evidence a report by the West Virginia Occupational ...

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Tort – FTCA – Medical Malpractice – Accrual Date – Soldier's & Sailor's Act (access required)

A military father’s claim for medical expenses for his daughter’s permanent kidney failure arising from defendant military physicians’ alleged medical malpractice during surgery to remove an abdominal tumor is not time-barred because the father’s claim, which is not derivative of ...

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Bankruptcy – Homestead Deed – Delay In Filing – Lien Stripping (access required)

A debtor’s homestead deed filed two years after the two-year statutory deadline is invalid, and a judgment creditor can enforce a lien against debtor’s realty acquired prior to his discharge in bankruptcy. In 1990, the creditor docketed its judgment against ...

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Labor – Arbitration – Oral Agreement To Reinstate Employee (access required)

In order to determine whether the employer and the union must arbitrate a complaint based on the employer’s alleged oral agreement to reinstate an employee, the court must hear additional evidence on whether the discussions preceding the alleged agreement were ...

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Medical Malpractice – Va. Statutory Cap – EMTALA Recovery (access required)

A plaintiff who already won a $1 million judgment against a hospital under the Emergency Medical Treatment & Active Labor Act is barred under the Virginia cap on med-mal damages, Va. Code § 8.01-518.15, from recovering additional damages in a ...

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Labor – Contract Grievance – Shipping Terminal Timekeepers (access required)

A longshoremen’s local that is protesting defendant terminal’s refusal to use timekeepers during certain deep sea terminal labor failed to timely file its “hybrid” complaint charging both a violation of the collective bargaining agreement by the terminal and a breach ...

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