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Opinion Digests

Domestic Relations – Equitable Distribution – Spousal Support – Change In Circumstances – Wife's Inheritance (access required)

Although the husband asserts that the death of wife’s mother, which occurred two years after their separation, may result in wife’s inheritance of approximately $25,000 to $40,000 which the court should take into consideration in a re-determination of equitable distribution ...

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Labor/Employment – Comp Bar – Assault & Battery – Negligent Hiring (access required)

Where plaintiff, a newspaper pressman, is suing defendant newspaper for assault and battery and negligent hiring, alleging that his supervisor on various occasions “goosed” him, his tort suit against the newspaper is not barred by the Virginia Workers’ Compensation Act. ...

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Labor & Employment – At-Will Doctrine – Written Terms Of Agreement – No Employment For Definite Term (access required)

Although plaintiff’s former employers, a lighting company, agreed in writing to certain terms of employment when plaintiff threatened to quit, including salary increases and bonus, paid vacation, holidays and benefits, expenses and a “review every six months,” agreement on these ...

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Civil Practice – Summary Judgment – Motion Granted Without Opposition – Basis For Ruling (access required)

Where the district court in plaintiff’s suit for employee benefit plan medical expenses granted the summary judgment motion of defendants, an insurance company and an employee benefit plan administrator, by stamping the motion “GRANTED WITHOUT OPPOSITION FILED,” without any further ...

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Bankruptcy – Dischargeability Of Debt – Payments To Wife's Daughter – Alimony – Discharge (access required)

Although the debtor husband contends the $3,000 monthly payments called for in the parties’ marital settlement were intended for the support of wife’s incapacitated daughter from another marriage and the payments therefore were dischargeable, because the husband took the payments ...

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Criminal – Sentencing – Counsel's Absence – Harmless Error (access required)

Although defendant challenges his sentence for cocaine violations on the ground that his lawyer was not present at his resentencing, any error in failing to have defendant represented by counsel at the hearing was harmless, since the resentencing simply conformed ...

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Employment – Health Benefits – ERISA – Retroactivity of Benefits (access required)

Although defendant employee health insurance plan contends that it amended its plan on Jan. 1, 1994, to eliminate coverage for a treatment called high dose chemotherapy with peripheral stem cell rescue, the plan modification, which was implemented after plaintiff insured ...

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Securities – Fraud – Securities Violations – Company's Projected Earnings (access required)

Where plaintiff purchasers are suing defendant corporation and its officials for securities and common-law fraud based on certain representations concerning the company’s projected earnings, defendants are entitled to summary judgment on all claims because the evidence indicates defendants’ statements were ...

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