Quantcast
Home / Opinion Digests (page 3616) /

Opinion Digests

Contract – Agreement To Agree – Vagueness – UCC (access required)

Where the parties’ 1988 “asset sale and loan agreement” provided that defendant seller would pay plaintiff buyer a “variable fee” for the first five years of the agreement, and that this fee would be “an amount to be mutually agreed ...

Read More »

Employment – At-Will Doctrine – Public Policy Exception – Supervisor's Embezzlement – Employee Handbook (access required)

Where the court can infer from plaintiff’s allegations a claim that she was discharged in retaliation for reporting her immediate supervisor’s criminal conduct of embezzling company funds, plaintiff’s motion for judgment states a claim under Bowman v. State Bank of ...

Read More »

Workers' Comp – Selective Employment – Termination (access required)

Where claimant was suspended from his selective employment pending an investigation of an incident he was involved in, then he was terminated for circulating a petition for support in violation of written company policy that he was unaware of, claimant ...

Read More »

Labor & Employment – Retirement Benefits – ERISA – Lump Sum Distribution – Terms Of Plan v. Summary Description (access required)

Where plaintiff sued under ERISA, alleging that the Summary Plan Description for his company’s retirement benefits stated that he was entitled to a lump sum distribution of his vested benefits if he resigned after 20 years of service but before ...

Read More »

Civil Rights – Labor & Employment – Smoke-Free Workplace – State Employee – Rehabilitation Act (access required)

The district court did not err in dismissing the state employee’s suit alleging the Commonwealth of Virginia violated § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, by failing to provide her with a smoke-free workplace, despite ...

Read More »

Criminal – Conversion Of Government Property – Contract Bid Information – Conspiracy To Defraud U.S. – Limitation Period (access required)

Where defendant lawyer was charged with conspiracy to defraud the U.S. in violation of 18 U.S.C. § 371 and conversion of government property, namely pricing information submitted by a potential government contractor, the district court did not commit plain error ...

Read More »

Criminal – Sentencing – Violation Of Probation Condition – Possession Of Controlled Substance – Length Of Sentence (access required)

Where a defendant has violated the conditions of his probation by possession of a controlled substance, his probation is revoked and, under 18 U.S.C. § 3565(a), he must be sentenced to “not less than one-third of the original sentence,” and ...

Read More »

Banks & Banking – FDIC As Receiver – Breach Of Participation Agreement (access required)

Where the Federal Deposit Insurance Corporation, acting as receiver for the failed bank, sued a credit company for an alleged breach of a loan participation agreement entered into by the credit company and the receiver’s predecessor, the district court erred ...

Read More »