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Opinion Digests

Workers' Comp – Selective Employment – Termination (access required)

Where claimant was suspended from his selective employment pending an investigation of an incident he was involved in, then he was terminated for circulating a petition for support in violation of written company policy that he was unaware of, claimant ...

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Civil Rights – Excessive Force – Beatings From Officers – Res Judicata (access required)

Where the issue of whether plaintiff in this civil rights suit suffered a beating at the hands of defendant law enforcement officials was litigated during the suppression hearing at plaintiff’s trial for shooting an off-duty officer who caught plaintiff in ...

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Civil Rights – Education – Disabled Student – IDEA – Attorney's Fees – Catalyst Theory (access required)

In this action to recover attorney’s fees under the Individuals with Disabilities in Education Act, 20 U.S.C. § § 1400-1485, although defendant school board voluntarily made certain requested changes in the disabled student’s individualized educational program, the school board’s voluntary ...

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Workers' Comp – Statutory Employer – Va. Law – Truck Driver – 'Other Party' (access required)

Where plaintiff truck driver, who was an independent owner and operator of a truck used for the long-haul transfer of goods, was injured while unloading goods at a Kroger warehouse, he became Kroger’s statutory employee under the Virginia Workers’ Compensation ...

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Labor & Employment – Labor Contract – Hiring Union-Paid Organizer (access required)

Where the National Labor Relations Board found that respondent construction company violated certain provisions of the National Labor Relations Act, 29 U.S.C. § § 158(a)(1) & (3), in failing to hire certain job applicants presented by the union, the board’s ...

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Criminal – Detainer From New York – Effect On Va. Prison Classification – No Habeas Claim (access required)

Although the habeas petitioner, an inmate incarcerated on a Virginia conviction, alleges that the detainer New York has lodged against him to initiate parole revocation proceedings adversely affects his custody classification in the Virginia prison system, this adverse effect does ...

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Labor & Employment – Defamation – Emotional Distress – Interference With Contract – Immunity (access required)

In this action alleging defamation, emotional distress and tortious interference with an employment contract, the defendant government contractor is not entitled to a defense of absolute immunity on the counts alleging defamation. Defendants ask this court to retain jurisdiction solely ...

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Intellectual Property – Copyright – 'Booting' Software Program – Copyright Infringement – Antitrust (access required)

Where plaintiffs, defendants in this counterclaim, loaded or “booted” defendant’s copyrighted software in order to fulfill its independent maintenance and service contracts with licensees of defendant’s software and computers, this action constituted copyright infringement. Does the act of transferring a ...

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Bankruptcy – Dischargeability Of Debt – Fraud – Government Contract – Change Order For Prime Contractor (access required)

Although the debtor, whose business had a government contract to overhaul a work boat, persuaded its electrical subcontractor to perform certain additional repairs which the sub said were outside its original subcontract, and debtor later obtained additional funds from the ...

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