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Opinion Digests

Criminal – Municipal – Zoning Violations – Dillon Rule (access required)

Although defendant earlier had a conditional use permit for operation of a landfill, his permit is no longer valid, and the Dillon Rule does not preclude the county from enforcing its ordinance which provides for criminal penalties on a separate ...

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Unemployment Compensation – Benefits Pending Appeal – Regulations – Limitation Period (309843) (access required)

1994 V.C.C. (VLW 094-8-248) Medical Staffing Assocs. Inc. v. Bentley Civil Practice Fifth Amendment Privilege – Sword Or Shield Although the defendant in this civil action relies upon the Fifth Amendment privilege against self-incrimination to refuse to testify, but she ...

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Negligence – Auto Accident – Intersection Accidents During Rainstorm – Conflicting Testimony (access required)

Where plaintiff sued the first defendant who rear-ended plaintiff’s car when it stopped near an intersection during a night-time rainstorm, and also sued the second defendant who allegedly struck another vehicle, forcing it into the lane occupied by plaintiff and ...

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Insurance – Medical Expenses – Timeliness Of Medical Payments (access required)

Although a Virginia insurance statute governing medical expenses payments provides for a liability insurance carrier to make payment up to $2,000 per person within three years of the date of an automobile accident, that statute does not apply to plaintiff ...

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Criminal – Prior Criminal Conduct – Motion In Limine (access required)

Where defendant is attempting to keep out evidence of prior criminal conduct at his trial for attempted statutory burglary, the commonwealth may introduce evidence of a charge on which defendant was acquitted as long as the prior acquittal did not ...

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Workers' Comp – Slip & Fall – Stairs To Snack Bar (access required)

Although claimant, who fell as she approached the stairs to the employer’s basement snack bar, stated she thought there must have been either water or something “slimy or sticky” on the floor that caused her to fall, the employer cannot ...

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Employment Discrimination – Equal Pay Act – Title VII – Damages (access required)

Where plaintiff, a female engineer, presented evidence that her salary was consistently lower than the salaries of three male comparators at her company performing the same duties, as well as evidence of her supervisor’s conduct such as stripping her of ...

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Labor – 'Company Union' – Nurses' Organization (access required)

Although the hospital’s vice-president for nursing in 1989 began making statements about using the hospital’s “Nursing Services Organization” to communicate information about certain working conditions to the nursing staff, the NSO did not change its purpose and become a “labor ...

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Criminal – Merchandise Importation – Violation Of Administrative Law (access required)

Where defendant’s conduct of smuggling into the United States the foreign products of exotic big-game kills violated certain administrative regulations promulgated under the Endangered Species Act, the Fish & Wildlife Act and a third “Agriculture statute,” this conduct was “contrary ...

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