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Opinion Digests

Civil Practice – Va. Nonsuit Statute – Law Of The Case (access required)

Where plaintiff builder filed several state court lawsuits that alleged various fraud and products liability claims involving fire-retardant plywood, and after the builder nonsuited its third amended motion for judgment, the state court modified its nonsuit order to state that ...

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Corporate – Piercing Corporate Veil – Collecting ERISA Judgment (access required)

Where plaintiff, a class of former employees of a defunct corporation, successfully sued the corporation under ERISA, 29 U.S.C. § 1001 et seq., for pension benefits, the plaintiff may sue a second time to pierce the company’s corporate veil and ...

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Civil Rights – Parole Consideration Deferral – Ex Post Facto (access required)

Although defendant Virginia Parole Board has instituted a new policy under which the board may defer parole consideration for two or three years for inmates with at least ten years or a life sentence remaining to serve, application of the ...

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Criminal – Attorney Fee Forfeiture – Law Firm's General Account (access required)

Where the criminal defendant gave the law firm that defended him a retainer of $103,800 in cash, which the firm deposited into its general operating account and most of which was spent prior to entry of a forfeiture order under ...

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Criminal – Bank Robbery – Juvenile Defendant (access required)

Although the federal government has certified to the district court under 18 U.S.C. § 5032 that the United States has a “substantial federal interest” in the prosecution of this juvenile male defendant on bank robbery and firearms charges, the court ...

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Jurisdiction – ERISA – Preemption – Multiple-Employer Welfare Arrangements (access required)

Where two suits pending in the district court pose the question whether plaintiffs, the Employers Resource Management Company and the American Employers Benefit Trust, are part of a “multiple employer welfare arrangement” their state regulation is not preempted by the ...

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Bankruptcy – Plan Confirmation – 'Cram Down' – Creditor Classification (access required)

Although a creditor holds both first and second deeds of trust on debtor’s six hotels and still is undersecured for at least $3 million, the bankruptcy court denies the creditor’s motion for relief from the automatic stay because the debtor ...

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Administrative – Insurance Agent – License Suspension – Regulatory Violations (access required)

Where the insurance agent failed to forward to two insurance premium finance companies down payments made by several insurance purchasers on their automobile liability policies, the agent was guilty of violations of a Virginia statute which required that funds received ...

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