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Opinion Digests

Corporate – Securities Fraud – Va. Retirement System – Press Release – Tender Offer (access required)

Where, during the restructuring of the RF&P railroad, a special committee of the railroad issued a press release recommending to the railroad’s board a revised three-way transaction also involving the CSX railroad and the Virginia Retirement System, this press release ...

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Banks & Banking – FIRREA – Exhausting Administrative Remedies – Developer's Suit For Incomplete Construction (access required)

Where the developer sued a failed financial institution and others to enforce completion of certain amenities in a South Carolina real estate development, the district court properly dismissed the suit on the ground that the Financial Institutions Reform, Recovery and ...

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Criminal – Habeas Corpus – DNA Analysis – Ineffective Assistance – DNA Expert (access required)

Although petitioner contends that his trial counsel failed to follow through in procuring an expert to rebut the commonwealth’s evidence of defendant’s criminal identity based on DNA analysis, trial counsel’s performance was not constitutionally deficient. Petitioner’s trial attorneys filed an ...

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Criminal – Sentencing – Mail Threats – Enhancements – Vulnerable Victim & Psychological Injury – Double-Counting (access required)

Where the district court, in sentencing defendant on 12 counts of mailing threatening communications to a woman he was stalking, enhanced the sentence for both selection of a “vulnerable victim,” and for “extreme psychological injury,” this amounted to double-counting the ...

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Civil Rights – First Amendment – Obscenity – Bookstore (access required)

Where a Northern Virginia bookseller who sold sexually explicit materials received a letter from the U.S. Attorney advising her that if she continued to sell material in violation of the federal obscenity laws after June 1, 1992, she “should expect ...

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Tort/Negligence – Premises Liability – Fast-Food Restaurant – Third-Party Assault On Customer (access required)

Although there were 29 calls to police in the past 18 months about disturbances at the Hardee’s restaurant where plaintiff was shot in the stomach by an unknown third-party assailant in the restaurant parking lot, and although the restaurant stayed ...

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Bankruptcy – Avoidance Of Transfer To Non-Inside Creditor – Insider Guarantor – One-Year Time Period (access required)

Where the debtor is seeking to avoid certain transfers made by debtor to defendant creditor under a lease agreement guaranteed by the debtor’s president, the trustee in bankruptcy has the extended one-year preference period of § 547 to avoid the ...

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