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Opinion Digests

Unemployment Comp – Misconduct – Phony Payroll Records (access required)

Where claimant truck driver was discharged for submitting to his employer falsified payroll records which showed improperly inflated “detention” time spent waiting for trucks to be loaded and unloaded, claimant is not eligible for unemployment compensation because of this misconduct. ...

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Civil Practice – Discovery – Trial Deposition Of Plaintiff's Physician – Protective Order (access required)

Where defendant wishes to call as her witness a physician who treated the plaintiff one time before plaintiff sought other treatment, and plaintiff objects that defendant is required under Rule 4:10 to obtain an independent medical examination and may not ...

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Civil Practice – Res Judicata – Identity & Quality Of Parties (access required)

Although plaintiff townhome builder earlier filed products liability suits against defendants regarding defective fire-retardant plywood used in the roofs of plaintiff’s townhomes, and all claims against defendants were dismissed except for breach of warranty claims on which the manufacturer won ...

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Negligence – Insurance – Medical Payments Evidence (access required)

Where plaintiff was injured while a passenger in defendant’s car, and plaintiff’s medical expenses were paid prior to trial by defendant’s father’s automobile carrier, defendant is not entitled to a credit against the amount of plaintiff’s jury verdict for the ...

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Attorneys – Sanctions Under Va. Statute – Legal Malpractice Suit (access required)

Where plaintiffs’ legal malpractice suit alleges that defendant lawyer was negligent in failing to inform plaintiffs’ bankruptcy attorney about a consent judgment entered against them on the advice of defendant lawyer, but the suit as alleged has several deficiencies, the ...

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Workers' Comp – Slip & Fall – Risk Of Employment – Slick Floor (access required)

Although claimant, a hospital secretary, has been unable to identify the foreign substance on the floor at the time she slipped, that is not an essential element in her case, and we infer from her testimony that there was a ...

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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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