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Opinion Digests

Civil Practice – Res Judicata – Securities Violation – SCC Restitution Order – No Private Claim (access required)

Where the State Corporation Commission found defendant investment counselor had violated the Virginia Securities Act, Va. Code § § 13.1-501 et seq., and defendant stipulated to the SCC that he would pay restitution to plaintiff investors, the SCC judgment operates ...

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Commercial – Banks & Banking – UCC Displacement (access required)

Where plaintiff bank customers claim that defendant bank was liable for common-law negligence for its failure to give timely notice of the bank’s dishonor of a check deposited by the plaintiffs approximately two-and-one-half weeks before receipt of notice, the negligence ...

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Civil Practice – Collateral Estoppel – Arbitration Finding – Agency (access required)

Although two of the defendants in this dispute over an alleged inaccurate title report contend that they were found not to be agents of the title company in a related arbitration proceeding, the court rejects these two defendants’ plea of ...

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Contract – Injunctive Relief Under Contract Language – Non-Compete Clause (access required)

Where plaintiff “Wilderness Medical Association” has sued defendant search and rescue group for breach of a contract calling for the association to produce a series of wilderness medical training courses, the contract language does not support plaintiff’s request for the ...

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Workers' Comp – Injury By Accident – Twisting To Reach Computer (access required)

Where claimant, who suffered from prior back problems, was answering a call on his headset and twisted to his right to access his computer while seated in his chair, claimant has not shown an injury by accident occurring in the ...

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Criminal – Sentencing – Post-Indictment Incriminating Statements – Relevance To Sentencing (access required)

Where defendant made certain incriminating statements after his indictment, because that evidence related to new criminal activity (a post-indictment drug transaction with an informant), it was not obtained in violation of defendant’s Sixth Amendment rights and thus was admissible at ...

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Tort/Negligence – Federal Officer – Westfall Act – Substitution Of U.S. As Defendant – Removal Of State Tort Action – Remand (access required)

Where a federal office worker sued her supervisor in state court for sexual assault and battery and intentional infliction of emotional distress and the supervisor removed the case to federal district court, the district court properly refused to substitute the ...

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Criminal – Search & Seizure – Auto Exception – Tip To Search Impounded Vehicle – Warrantless Search (access required)

Where defendant initially was stopped for a routine traffic violation and then arrested after he consented to a search of his car which yielded drugs and drug paraphernalia, the additional warrantless search 38 days later of a hidden compartment in ...

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Labor & Employment – Railway Labor Act – Arbitration (access required)

Where an arbitration board heard this dispute between the railroad and the union over the railroad’s use of an outside contractor limousine service, and the board inferred from the railroad’s refusal to submit to a joint check of its records ...

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Civil Rights – First Amendment – State University Student Activities Fund – Religious Publication (access required)

Where the state university has refused to disburse monies from its student activities fund for the benefit of a student-run religious publication, this refusal does not violate the First and 14th Amendments to the U.S. Constitution. Because the journal in ...

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