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Opinion Digests

Employment – Tort – Defamation – Emotional Distress (access required)

Where plaintiff’s motion for judgment alleges that defendant president of the dry cleaner that employed her accused her of being a thief in front of “all passersby” and fired her, and later informed third parties that plaintiff was a “despicable ...

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Workers' Comp – Occupational Disease – Fibromyalgia – Furniture Assembly (access required)

Where claimant worked for approximately one month as a furniture assembler, and during that time developed fibromyalgia in her right hand, which her neurologist diagnosed as an occupational disease, claimant has proven an occupational disease and is entitled to workers’ ...

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Administrative – Occupational Safety – OSHA – Mine Safety (access required)

Although the power plant operator contends that its maintenance operations, including maintenance of the conveyor belt system that transports coal waste from the adjacent coal mine to the plant, are not subject to regulation by the Federal Mine Safety and ...

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Banks & Banking – RTC – Claims Against Bank Officers – Limitations (access required)

Although the Resolution Trust Corporation in 1989 took over a failed Virginia savings and loan that became federally chartered in 1981, the fact that the S&L was federally chartered does not permit the court to apply federal common law to ...

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Criminal – Wiretap – Business Use Exemption – Telephone Calls – Bomb Threats (access required)

Where defendant plant installed a “voice logger” tape recording device which recorded, 24 hours a day, 7 days a week, all telephone conversations undertaken on telephone lines with extensions in the security office where plaintiff security officer worked, this constant ...

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Civil Rights – Prison Conditions – Retaliation – Denial Of IFP Status (access required)

Although plaintiff prisoner alleges defendant corrections officials unconstitutionally retaliated against him for requesting protective custody, his retaliation claims are legally and factually baseless, and the district court did not abuse its discretion in dismissing plaintiff’s in forma pauperis suit as ...

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Criminal – Sentencing – Drug Quantity – Sufficiency Of Factual Finding (access required)

Even though defendant pled guilty to conspiracy to possess with intent to distribute, and conspiracy to distribute, 100 or more kilograms of marijuana, his plea did not establish that defendant should be held accountable for over 100 kilos of marijuana ...

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Contract – Asset Purchase Agreement – Cellular Phone Service License – Subordination Clause (access required)

Where the purchase agreement for the sale of a Virginia company’s cellular telephone service license provided that the seller would finance a large portion of the sale in exchange for a security agreement that would make the seller “equivalent but ...

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Civil Practice – Res Judicata – Copyright – Unfair Competition (access required)

Where plaintiffs publishers of phone book covers for military installations allege defendants used copyrighted versions of plaintiffs’ telephone book covers and contract forms in violation of the Lanham Act, 15 U.S.C. § 1125(a), and of Virginia’s unfair competition law, these ...

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Administrative – Commercial Fishing – Invalid Catch Quota (access required)

Where defendants, the U.S. Secretary of Commerce and his designees, rejected the best scientific information available at the time they set the 1994 commercial catch quota for summer flounder and set a quota less than the geometric mean figure of ...

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