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Opinion Digests

Domestic Relations – Child Support Increase – Waiver In PSA (access required)

Where plaintiff waived all right to child support in the parties’ earlier property settlement agreement, which was incorporated into their final divorce decree, the waiver provision is unenforceable under Kelley v. Kelley, No. 931522, [VLW 094-6-106] and the court will ...

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Workers' Comp – Jumping From Wagon – Full-Time Employee – Farm Enterprise (access required)

Where claimant was injured jumping from a horse-drawn wagon in his work on a farm, the deputy commissioner properly determined that the commission did not have jurisdiction over his claim because the farm enterprise employed only two persons full-time. Claimant ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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Criminal – Forfeiture – Standing (access required)

Where one claimant to the forfeited property, two parcels of land, contends that he loaned defendant owner of the property $5,000 in exchange for the right to use a bridge which defendant constructed, and a second claimant contends he is ...

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Administrative – Social Security – SSI – Claimant's Contradictory Testimony – DOT's Job Requirements (access required)

Although claimant’s treating physician opined that he was totally disabled because of an arm injury and certain mental health problems, the administrative law judge did not err in rejecting the reports on the basis of the claimant’s contradictory testimony at ...

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