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Opinion Digests

Civil Practice (access required)

Driver’s License Restoration Where the Virginia Commissioner of Motor Vehicles in October 1992 certified three abstracts of petitioner’s traffic offenses to the Fairfax Commonwealth’s Attorney as required by Va. Code § 46.2-352, but the commonwealth’s attorney has not acted on ...

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Tort/Negligence – Workers' Comp Bar – Physical Therapist – Sexual Harassment By Patient (access required)

Where plaintiff, a physical therapist, alleges that defendant, the physician who employed her, knew of and failed to protect her from unwelcome sexual advances, remarks and touchings by one of their patients, plaintiff’s tort suit is barred because her exclusive ...

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Labor & Employment – Contract – Arbitration – Retaliatory Discharge – Disability (access required)

Where plaintiff’s employment contract provides that disputes which “arise under the terms” of the collective bargaining agreement may be submitted to arbitration, this arbitration clause does not apply to plaintiff’s claim that she was discharged because of her disability. In ...

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Contract – Unjust Enrichment – Enhancement Of Supplier's Contract Performance – Fundraisers (access required)

Although plaintiff, a supplier of gift products to fundraising groups, alleges that in performing an assumed contract for defendant distributor, the supplier, provided certain benefits to the distributor, including upgrading its cold storage facility and computer inventory tracking system, the ...

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Criminal – Plea Agreement – Substantial Assistance – Downward Departure Motion – Racial Prejudice (access required)

Defendant challenges the district court’s refusal to grant a substantial assistance downward departure on alternative grounds. First, he contends that he was entitled to it as a simple matter of enforcing his plea agreement with the government: the government promised ...

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Criminal – Escape – Duress Defense – Sentencing (access required)

Although defendant claims the district court violated his due process rights by refusing to allow him to introduce evidence that he escaped from prison under duress resulting from a prison guard’s “shakedown” of defendant for money and sexual favors, the ...

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Criminal – Fraud – "Willful Blindness" – Jury Instruction – Interstate Transportation Of Stolen Property (access required)

In this appeal by five defendants who were convicted of defrauding a Florida widow of nearly all of her assets totalling almost $1 million, which defendants transferred to a “Fountain of Life” ministry, the convictions are affirmed with the exception ...

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Bankruptcy – Homestead Exemption – Lien Avoidance (access required)

Where the bankruptcy court avoided the bank’s judgment lien on debtors’ home as an impairment of the homestead exemption debtors claimed on the home, that avoidance was reversible error and the bank’s lien must be reinstated. Debtors have each elected ...

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