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Opinion Digests

Securities – Securities Fraud – Misleading Statements (access required)

Where plaintiff stock purchasers allege in their class action suit that defendants made false and misleading statements about their computer networking product by 1) booking and reporting transactions as final sales even though the distributors to whom the products were ...

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Attorneys – Civil Practice – Sanctions – Failure To Return Calls (access required)

Where plaintiff, who initially filed her suit pro se, obtained an extension of time for her deposition in order to obtain counsel, then her counsel requested rescheduling of a deposition set for a mutually agreed upon date, which defense counsel ...

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Criminal – Venue – Perjury Committed Out-Of-State (access required)

Where defendant has been indicted for committing perjury during a deposition held in Florida pursuant to a proceeding pending in the Eastern District of Virginia, the district court concludes, based on the Sixth Amendment, the decisional law of this circuit ...

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Bankruptcy – Automatic Stay – Relief Denied – IRS Suit For Payroll Taxes (access required)

Although the Internal Revenue Service wanted the bankruptcy court’s automatic stay lifted so that it could prosecute debtor, a former vice-president of a mechanical contracting company, for delinquent employment taxes in the same trial in which the IRS was prosecuting ...

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Schools – Virginia Funding System – Constitutional (access required)

Although plaintiff public school students have alleged that Virginia’s current system of funding its public schools violates their constitutional rights because children attending public schools in poorer divisions do not have educational opportunities substantially equal to the opportunities of children ...

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Wills & Trusts – Inter Vivos Trust – Trustee Fees (access required)

Where decedent prepared a “trust letter agreement” naming his niece and her husband as trustees and allowing them to manage assets in what decedent intended to be a “stand-by trust” in the event of his incapacity, but the decedent never ...

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Criminal – Habeas Corpus – Consecutive Sentences (access required)

The trial court erred in imposing sentences on two of petitioner’s criminal convictions to run consecutively, rather than concurrently, and petitioner’s original petition for a writ of habeas corpus is granted. The trial court’s first order, upon petitioner’s grand larceny ...

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