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Opinion Digests

Bankruptcy – Dischargeability Of Debt – Cost Of Criminal Prosecution (access required)

Where debtor, who was convicted of a felony in a Virginia state court, sought to reopen his bankruptcy proceeding in order to discharge his debt for court costs for his criminal prosecution, the district court erred in holding that the ...

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Civil Practice – Contract – Preliminary Injunction – Loss Of Contractual Security Interest (access required)

Where defendant purchaser of plaintiff manufacturer’s wireless, digital telecommunications systems alleges the loss of its contractual security arrangement of a “lockbox” for a bank’s receipt of customer payments, this loss constitutes an “irreparable harm” which can support issuance of a ...

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Criminal – Currency Reporting – Structuring Transactions – Jury Instruction – Willfulness (access required)

Where the trial judge at defendant’s trial on charges that he illegally structured transactions and failed to file certain financial reports, failed to instruct the jury that defendant must know that the structuring he undertook was illegal in order to ...

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Commercial – Fair Debt Collection Act – Child Support Payments To State (access required)

Where defendant collection agency sent letters to plaintiff fathers in an effort to collect child support payments which the mothers assigned to the commonwealth in exchange for payments under the Aid to Dependent Children program, the agency’s letters are not ...

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Intellectual Property – Validity Of Patent – 'Non-enabling' Patent – Software To Cut Prescription Eyeglasses (access required)

In this intellectual property dispute, the district court accepts the report and recommendation of the magistrate judge that defendant’s patent for computer software which would govern the subject invention’s cutting mechanism for prescription lenses is invalid because it is “non-enabling,” ...

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Labor & Employment – FLSA – Administrative Exemption – Print Wiring Board Designer (access required)

Although plaintiff, who performed computer-assisted drafting to arrange circuits in the design of print wiring boards, exercised some discretion in that he was the first person to attempt designing the boards to accommodate competing design demands, his work was subject ...

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Bankruptcy – Exemptions – Household Furnishings – TVs & VCRs – Pension Plans – Spendthrift Provisions (access required)

Where debtor wishes to exempt from the bankruptcy estate his interests in three separate pension plans, his interest in the first plan is exempt because that plan is governed by ERISA and includes a non-alienation provision that is enforceable under ...

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Property – Easement – Agreement With Predecessor (access required)

Where the predecessor in interest of defendant landowner had a 1904 agreement with the predecessor of plaintiff telephone company that provided that the predecessor landowner would indemnify the predecessor telephone company for any damage to its equipment caused by the ...

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Municipal – Change From City To Town – Special Court's Conditions (access required)

Where the three-judge special court which considered the city’s request to revert to a town imposed a number of special conditions on that reversion, including prohibiting the town from attempting to annex the county for 15 years, requiring the new ...

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