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Opinion Digests

Workers' Comp – LHWCA – Timing Of Payments – 10 Calendar Or Business Days (access required)

Although Federal Rule of Civil Procedure 6(a) employs a “business day” standard, this standard does not apply to the time period for payment of benefits under the Longshore & Harbor Workers’ Compensation Act, 33 U.S.C. § 901-950, and the unqualified ...

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Intellectual Property – Copyright – Attorney's Fees (access required)

Where plaintiff taxidermist won a jury verdict of $400,000 in his copyright violation prosecution against a defendant who ordered plaintiff’s four copyrighted taxidermy forms, removed plaintiff’s copyright notice, copied the forms and placed its own copyright notice on the forms, ...

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Employment Discrimination – Race – Legitimate Business Reason For Transfer – Better Qualifications (access required)

Although plaintiff, an African-American female who worked in defendant insurance company’s Vienna, Va., office as a Provider Relations Representative, contends she was not transferred to a similar position in Richmond because of race discrimination in the selection process, plaintiff has ...

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Tort – FTCA – Medical Malpractice – Informed Consent – Sterilization (access required)

Although plaintiff alleges defendant Navy physicians failed to obtain her written informed consent prior to performing a bilateral tubal ligation, this allegation does not state a claim for negligence per se under Va. Code § 54.1-2974. The language of § ...

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Employment – Contract – Employee Handbook (access required)

Although the employment handbook provided to defendant retail store employees outlined procedures for “discretionary and summary dismissals,” the handbook did not constitute an employee contract that precluded the store from terminating plaintiff, a telephone customer service representative, after a customer ...

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Traffic Offenses – Implied Consent – Availability Of Breath Test (access required)

Where defendant DUI suspect chose to take a breath test, and the officer complied with his county’s procedures for locating a licensed operator to administer the test but no licensed operator could be located at 1:26 a.m., the commonwealth adequately ...

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Taxation – Situs – Rental Vehicles (access required)

Although the taxpayer, a rental truck company, has records showing how many miles each of its rental vehicles traveled in Virginia each year, the company is not entitled to have its personal property taxes on its rental vehicle fleet apportioned ...

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Criminal – Breaking & Entering – Occupied Dwelling (access required)

Where defendant broke into a home after killing a person and the owner of the home was at work, the home was occupied within the meaning of Va. Code § 18.2-92, and the trial judge did not err in finding ...

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