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Opinion Digests

Labor – Arbitration – Unfair Labor Practice – New Store (access required)

Although the district court granted summary judgment to the union in its action to enforce the arbitration provision of the parties’ collective bargaining agreement, a subsequent determination by the National Labor Relations Board to dismiss the union’s related unfair labor ...

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Bankruptcy – Hold On Bank Account – Setoff Right – Relief From Stay (access required)

Where a bank placed an administrative hold on a debtor’s bank account while the bank attempted to obtain relief from the automatic stay in bankruptcy in order to exercise its right of setoff on debtor’s consumer loan from the bank, ...

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Criminal – Constructive Amendment To Indictment – Erroneous Jury Instruction – Witness Tampering (access required)

Where defendant was indicted for witness tampering under 18 U.S.C. § 1512(b)(1), but instructed the jury on paragraph (3) of that statute, on which defendant was not indicted, the court’s “constructive amendment” of the indictment requires reversal of the conviction. ...

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Contract – Real Estate Buyer Default – Contingent Commission (access required)

Where a real estate sales contract required the defendant seller to pay plaintiff broker a sales commission of 5 percent of the sales price paid at settlement, payable in installments of 5 percent of each cash payment made on a ...

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Medical Malpractice – Emergency Medical Treatment Act – Va. Statutory Caps (access required)

Where a Virginia federal jury awarded plaintiff $5 million on her claim against defendant hospital under the Emergency Medical Treatment and Active Labor Act of 1986, 42 U.S.C. § 1395dd, the award must be reduced to conform to Virginia’s statutory ...

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Intellectual Property – Computer Software – Va. Trade Secrets Act (access required)

Although defendant computer programmer was an employee of plaintiff company during the time period that he created a satellite orbital simulation program, and although the company on one occasion used the program to win a contract with a particular client, ...

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Negligence – Premises Liability – Slip & Fall – Filling Station (access required)

Where plaintiff entered defendant’s cashier’s booth to pay for her gasoline, and fell as she exited to return to her car, plaintiff’s own testimony that she was aware of the step leading up to the booth as she entered, but ...

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Civil Rights – County Social Worker – Retaliation – Job References (access required)

Although plaintiff, who resigned from defendant Department of Social Services while a probationary social worker, contends she was unable to secure another job because defendants gave her negative job references in retaliation for her request that the county Board of ...

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Employment Discrimination – Age – EEOC Charge – Equitable Tolling (access required)

Although plaintiff claims he did not realize until his attorney received documents through discovery that he had a potential claim for age discrimination in his layoff, plaintiff nevertheless has failed to present a reason for equitable tolling of the 180-day ...

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