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Opinion Digests

Criminal – Habeas Corpus – Virginia Capital Case – Aggravating Factors – Ineffective Assistance (access required)

Where petitioner is challenging his second Virginia death sentence, the district court did not err in dismissing 1) petitioner’s claims attacking the application of a statutory aggravating factor that permits imposition of death upon a finding that the defendant’s conduct ...

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Environmental – Solid Waste Management – EPA Permit – 'Discarded Material' – Slag (access required)

Although the “slag” byproduct of steel production ultimately is recycled by the construction industry, e.g., as a road base material, the slag is a “discarded material” subject to regulation as a “solid waste” under the Resource and Conservation Recovery Act, ...

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Employment Discrimination – Race – Promotion Denial (access required)

Where plaintiff alleges defendant credit union’s failure to promote her from “Account Junior” to “Account Intermediate” was due to racial discrimination and violated 42 U.S.C. § 1981, the district court did not err in concluding that plaintiff had failed to ...

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Insurance – Excess Liability Policies – Hearing Loss – Occupational Disease – Liability Limits (access required)

Where plaintiff railroad is facing a number of employee claims that its negligence caused the employees’ hearing loss, and the railroad has filed a declaratory judgment action against several insurance companies from which it purchased excess liability policies, this court ...

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Negligence – Premises Liability – Discount Store Fabric Display (access required)

Where plaintiff, whose leg was in a cast from an earlier, unrelated injury and who was riding in a wheelchair provided by defendant Wal-Mart store, was injured when a bolt of fabric fell from a display rack onto plaintiff’s foot, ...

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Civil Practice – Removal – Untimely Notice – Service On Agent (access required)

Where plaintiff served her sexual harassment complaint on the Virginia registered agent of a Delaware corporation on June 1, 1993, by personal service, the 30-day period for removing the case to federal court began running upon the agent’s receipt of ...

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Bankruptcy – Jurisdiction – Timeliness Of Exemptions – Excusable Neglect (access required)

Where the debtors’ appeal of the district court’s earlier decision on their claimed exemptions is pending in the 4th U.S. Circuit Court of Appeals, the bankruptcy court had no jurisdiction to consider on remand whether the debtors had shown excusable ...

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Immigration – Deportation – Convicted Illegal Alien – No Private Right (access required)

Although a federal statute allows the United States to immediately begin deportation proceedings against an illegal alien who was convicted of drug trafficking charges, that statute, 8 U.S.C. § 1252(i), may not be invoked by the alien in a private ...

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Search & Seizure – Arrest On Capias – Pretext For Search – Officer's Motive Irrelevant (access required)

Although the state circuit court that issued the capias for defendant’s arrest later dismissed the capias because defendant had failed to perfect his appeal before that court, defendant’s arrest under the capias was lawful, even assuming the capias was improperly ...

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