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Employment – ERISA – Preemption – Removal (access required)

Although plaintiff employer’s state action against its health insurance plan administrator did not mention the ERISA statute, but alleged state law claims of breach of contract, negligence, breach of fiduciary duty, promissory estoppel, negligent misrepresentation and constructive fraud, these state ...

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Civil Rights – DNA Evidence – Criminal Pardon – Police Misconduct (access required)

Where plaintiff was pardoned after seven years in prison when DNA tests indicated he could not have committed the sexual assault for which he was convicted, plaintiff’s claim under 42 U.S.C. § 1983 for malicious prosecution accrued on the date ...

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Corporate – Takeover Attempt Resistance – Directors' Actions – Fiduciary Duty – Informed Decisions (access required)

Where the directors of the target corporation that defendant corporation wanted to acquire held lengthy meetings several times over a three-month period at which the directors received independent legal and financial advice on evaluating defendant’s tender offer, and the directors ...

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Negligence – Premises Liability – Invitee Cleaning Person – Bank's Storage Of Partitions – Bank's Precautions (access required)

Although defendant bank argues that the fact that it had stored several partitions, unsecured, in a restroom for several months without incident means there was no risk of foreseeable injury to plaintiff cleaning person on whom the partitions fell, the ...

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Search & Seizure (310213) (access required)

Detention Of Robbery Suspect Where the officer already knew that defendant matched the physical description given of a person who robbed a bank four blocks away less than one-half hour earlier, and that defendant had entered the hotel wearing the ...

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Criminal – Concealed Weapon Permit – Untimely Appeal (access required)

Where the Virginia statute that governs applications for a permit to carry a concealed weapon, Va. Code § 18.2-308(D), provides that appeal from a denial of an application must petition the Court of Appeals for review within 30 days of ...

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Domestic Relations – Equitable Distribution – Property Classification (access required)

Although husband maintained that he received certain gifts and bequests as separate property from his family, he was unable to provide the chancellor with adequate documentary evidence tracing the currently held property to the property acquired in this way, and ...

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Attorneys – Fee Award – Reasonableness (access required)

Although appellant law firm complains that the trial court reduced its original fee request by 92 percent, this reduction and the award of only $8,000 in fees to the firm was not an abuse of discretion. The circuit court found ...

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Domestic Relations – Validity Of PSA – Reconciliation (access required)

Although the husband and wife reconciled and allowed the pending divorce to be discontinued, their property settlement agreement continued in effect after the parties again separated where the parties had not complied with the agreement’s requirement of a “written agreement ...

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