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Opinion Digests

Admiralty – Government Contract – Suit Against Subs – Test Of Fire System – Death Of Subcontractor Employee (access required)

Where plaintiff administrator of the estate of an electrician who was asphyxiated during a test of a ship’s fire extinguisher system sued certain subcontractors who performed the test in state court in order to have a jury trial, the district ...

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Civil Rights – Discovery – Press Access To Depositions (access required)

Where a newspaper reporter seeks access to depositions in a lawsuit in which two plaintiffs allege the City of Richmond and its police department committed various civil rights violations, the newspaper’s motion to intervene is denied. Taking their lead from ...

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Employment Discrimination – Disabilities Act – Attendance At Job – Business Instructor – 'Qualified Individual' (access required)

Where defendant business college knew plaintiff suffered from lupus when she was hired, and it accommodated her frequent absences for two-and-one-half years, but ultimately discharged her after she took time and requested additional time to spend with her disabled son ...

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Criminal – Probation – False Income Tax Return (access required)

Where defendant’s original sentence of three years, with probation after 30 days of incarceration, was imposed under the law existing prior to the effective date of the federal sentencing guidelines, but defendant violated his conditions of probation after the guidelines’ ...

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Bankruptcy – Automatic Stay – 'Willful' Violation – Unlawful Detainer Action (access required)

Where the landlord’s agent filed an unlawful detainer action seeking to regain possession of a townhouse two days after the tenant filed her chapter 13 petition, the detainer “technically” violated the automatic stay in bankruptcy, but the violation was not ...

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Insurance – Auto – Fire Loss – Garage Dealer's Liability Insurance (access required)

Where the garage dealer’s liability policy covered “only the private passenger autos [the dealer] owns…,” the trial court did not err in interpreting the policy to cover only automobiles to which the dealer had title, and to exclude coverage for ...

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Criminal – Rape Of Minor – Chain Of Custody (access required)

Where the commonwealth’s forensic specialist testified that he received the hair samples for defendant’s trial for rape of a 10-year-old girl in sealed envelope from a security van, but the commonwealth did not call the driver of the security van ...

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Criminal – Sentencing – Presentence Report – Prior Offenses (access required)

Although the trial court, in sentencing defendant on a plea of guilty to reduced felony and grand larceny charges, considered certain information as to prior offenses, including an acquittal and charges for which no disposition was located, the en banc ...

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