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Opinion Digests

Contract – Government Contract – Bid Protest – TRO (access required)

A former contract supplier of computer maintenance services to the Center for Disease Control is not entitled to a temporary restraining order requiring the agency to reinstate the stay created under 31 U.S.C. § 3553(d), the Competition in Contracting Act, ...

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Schools – Handicapped – IDEA – Physical Punishment – Administrative Remedies (access required)

A six-year-old boy who suffers from cerebral palsy and who alleges he was subjected to “improper physical punishment” in school must first exhaust administrative remedies prior to suing the school board under the Individuals with Disabilities Education Act, 20 U.S.C. ...

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Civil Rights – TRO – Funding For Sex Offender Treatment (access required)

Plaintiff sex offenders are not entitled to a temporary restraining order in their suit alleging that the proposed termination of funding for the Sex Offender Therapeutic Community at plaintiffs’ correctional center would violate their constitutional rights. The court finds that ...

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Bankruptcy – Default Judgment – Service Of Process – Corporate Defendant (access required)

Service of process on this action to avoid preference payments was inadequate because the summons and complaint were directed to the “president or corporate officer” of the company and did not identify that party by name, and the plaintiff’s default ...

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Bankruptcy – Dischargeability Of Debt – State Court's Jurisdiction (access required)

A Virginia Circuit Court had jurisdiction to determine that the debtor’s divorce-related debt is nondischargeable under 11 U.S.C. § 523(a)(5), and the debtor may not sue in the Bankruptcy Court to have the matter redetermined. The Bankruptcy Court finds that ...

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Domestic Relations – Attorney's Fees – Defense Of Child Abuse Allegation (access required)

A mother who had to defend child abuse charges initiated by the father and referred for prosecution to the Fairfax County Department of Human Development is entitled to attorney’s fees as a result of the dismissal of the department’s petition, ...

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Criminal – Jury Sentencing – Juvenile Offender (access required)

The trial court violated Virginia Code § 16.1-272(A) by permitting the jury to sentence this juvenile offender after finding him guilty of feloniously causing bodily injury to three persons. The statute places solely upon the trial judge the obligation to ...

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Workers' Comp – Pre-Existing Back Injury – Different Conditions (access required)

Claimant’s 1992 back and hernia injuries that resulted from lifting a television set for his employer were not related to his later treatment for a “chronic subluxation of the cervical, thoracic and lumbar regions,” according to medical opinion, and claimant ...

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Criminal – Threats Against School Officials – Anti-Harassment Statute (access required)

Telephone threats made by a terminated school employee against three school officials, including a threat to “bring all three down” and a statement that “you are all gonna fall,” were sufficient to allow the employee’s conviction under Va. Code § ...

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