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Opinion Digests

Labor – Federal Employees – Collective Bargaining – NRC – Investigatory Procedures (access required)

The court denies enforcement of a Federal Labor Relations Authority order requiring the Nuclear Regulatory Commission to negotiate with the National Treasury Employees Union over four proposals defining employee rights and procedures for investigatory interviews of Commission employees conducted by ...

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Criminal – Sentencing – Obstruction Of Justice – Armed Career Criminal Act – Violent Felony (access required)

Where defendant previously was convicted of obstruction of justice, that conviction qualified as a “violent felony” under the Armed Career Criminal Act, 18 U.S.C. § 924(e), and defendant’s sentence for firearm possession is vacated and his case remanded for resentencing ...

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Civil Rights – Excessive Force – Police Officers – Suspect – Qualified Immunity (access required)

Where defendant deputy sheriff initially began pursuing defendant after he discovered decedent near the convenience store which had just been robbed, reportedly by an armed robber matching decedent’s description, and the deputy pursued decedent into a residential neighborhood, where he ...

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Commercial – Confessed Judgment – Promissory Note (access required)

Where the confessed judgment provisions in the note at issue state that judgment may be confessed by “any attorney admitted to practice in any jurisdiction or any vice president or senior vice president of the bank,” this language is not ...

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Insurance – Homeowners' Policy – Timely Notice – Sexual Abuse Claims (access required)

Although the wife knew in March 1991 that her husband was accused of sexually abusing a child in their home, the wife’s failure to provide the required written notice to her two homeowners’ insurance companies until two years later, despite ...

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Employment – Health Benefits – ERISA (access required)

Where plaintiff, an ERISA employee health benefit plan for off-duty Virginia Beach police officers employed as security guards at an amusement park, wishes to avoid state regulation and, to that end, the plan needs a determination from the defendant U.S. ...

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Bankruptcy – Dischargeability Of Debt – Reopening Record – Attorney's Fees – Benefit To Estate (access required)

On remand from the district court for a determination of whether the law firm’s defense of a dischargeability suit brought by the Federal Deposit Insurance Corporation benefitted the bankruptcy estate for a fee award under 11 U.S.C. § 330(a), the ...

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