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Opinion Digests

Tort – Sovereign Immunity – Group Home Defendant (access required)

A plaintiff who alleges gross negligence and a failure to supervise by defendant, a residential home for retarded persons, has his suit barred by sovereign immunity, by a failure to provide adequate notice to the state under Va. Code § ...

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Criminal – Expungement – Reckless Handling Of Firearm (access required)

Petitioner, a law enforcement officer, is entitled to have an earlier misdemeanor charge of reckless handling of a firearm expunged from his record. The commonwealth argues against the petition on two grounds: that the continued existence of the arrest alone ...

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Traffic Offenses – 'Unreasonable Refusal' – No Appeal Right (access required)

The commonwealth has no statutory right to appeal to the Circuit Court the dismissal of a charge of “unreasonable refusal” to take a blood-alcohol test. “Unreasonable refusal cases have always occupied a gray area in case law and in statutory ...

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Tort – Conversion – Economic Loss (access required)

A plaintiff suing for conversion of an automobile cannot recover economic losses such as loss of resale profits or loss of future profits as damages for the tort of conversion. The general rule is that the measure of damages for ...

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Workers' Comp – Slip & Fall – Dizziness – Idiopathic Fall (access required)

A claimant who was upset after meeting with her supervisor and learning about a job transfer, and who became dizzy and fell down 17 steps, resulting in unconsciousness and back injuries, is entitled to workers’ comp. The claimant’s syncopal episode ...

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Criminal – Phony Document Production – Possession Of Implements – Interstate Commerce (access required)

Defendants’ convictions are upheld for possessing implements for making phony identification documents even though the District Court did not instruct the jury that the government was required to prove that the defendants were in possession of every document-making implement alleged ...

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Taxation – Gift Taxes – Statute Of Limitations – Equitable Tolling – Fraud (access required)

Although a woman paid gift taxes totalling $11,362,876.88, based on the fraud of her attorneys-in-fact, she cannot recover claims barred by the tax code’s statute of limitations, which is not equitably tolled in tax-refund cases. Plaintiffs are co-executors of the ...

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Bankruptcy – Motor Carrier – Trustee's Action For Shipping Undercharges (access required)

In these consolidated cases in which a bankruptcy trustee is attempting to collect a bankrupt motor carrier’s undercharges for shipping services, the District Court erred in concluding that certain provisions of the Negotiated Rates Act of 1993 do not apply ...

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Labor – Union Contract – Arbitration – Employee Wage Rates (access required)

A defendant plant need not arbitrate the union local’s claim that the job-promotion tests used by the plant in determining employee wage rates discriminated on the basis of race and age. The 1990 collective bargaining agreement between the parties provides ...

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