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Opinion Digests

Administrative – Labor – OSHA – Administrative Subpoena – Counsel Disqualification (access required)

Although Coast Guard regulations generally govern seaman working conditions, the applicability of those regulations does not preclude the Occupational Safety & Health Administration from issuing administrative subpoenas to a private inspection company to investigate a fatal accident aboard a private ...

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Employment – ERISA – Reduction In Retiree Medical Benefits (access required)

Although the cup manufacturing company retirees contend they had a vested right to receive lifetime medical benefits under the company health benefit plan, the company possessed a statutory right to amend or terminate the employee welfare benefit plan and the ...

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Civil Rights – Federal Election Campaign Act – Non-Resident Political Contributions – Standing (access required)

Where plaintiff Virginia residents contend their right to elect a U.S. Senator from Virginia has been debased and diluted because of political contributions from non-Virginia residents authorized by the Federal Election Campaign Act, 2 U.S.C. § § 431 et seq., ...

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Employment Discrimination – ADA – Loss Of Eye – Auto Mechanic – Constructive Discharge – Harassment (access required)

Although plaintiff, an auto mechanic who lost an eye in an accident, claims he was treated more harshly by his employer, in that he was disciplined more harshly, denied a leave and initially not supported in his effort to obtain ...

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Criminal – Motion To Vacate Sentence – Waiver (access required)

Where defendant did not raise on direct appeal his challenges to his sentence on a conviction of conspiracy to transport stolen property, his nonconstitutional challenges are waived in this proceeding under 28 U.S.C. § 2255; the court further finds that ...

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Civil Practice – Transfer Motion – Asset Purchase Agreement (access required)

Where a dispute arose from an asset purchase and employment agreement which formed the basis for the sale of plaintiffs’ copier business to defendant, and defendant filed a suit alleging breach of contract, misrepresentation and fraud in federal court in ...

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Wills & Trusts – Codicil – Letter To Executor – Testamentary Intent (access required)

Although the testator wrote to his executor 10 years after he executed a will and stated that he wanted his three daughters to share equally in his estate, the letter lacked testamentary intent and did not constitute a valid codicil ...

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Criminal – Driving After HO Order – Hearsay – DMV Record – Notice (access required)

The trial court did not err in admitting a computer print-out of the defendant’s driver’s license status with the Department of Motor Vehicles, which was admissible under the official documents exception to the hearsay rule; and any errors that may ...

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