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Author Archives: Virginia Lawyers Weekly

EPA had discretion on water quality standards (access required)

The Environmental Protection Agency was not required to accept a standard proposed by a wastewater treatment plant that utilized an older methodology previously used by the EPA. Moreover, the EPA’s decision to examine the standard using the most innovative technology ...

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Counsel who failed to object to enhancement was not ineffective (access required)

Defendant’s counsel did not render ineffective assistance by failing to argue that defendant’s conviction for attempted abduction did not constitute a crime of violence for purposes of applying the career offender sentencing enhancement because the existing case law at the ...

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Education Dep’t can’t be sued for alleged FCRA violation (access required)

The Department of Education will not face a suit from a borrower alleging the department violated the Fair Credit Reporting Act by not conducting an investigation into the borrower’s dispute because the department has not waived its sovereign immunity against ...

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019-6-016 – Seeraj-Montague v. Friendly Ride Access

Seeraj-Montague v. Friendly Ride Access, Record No. 180166, March 14, 2019. SCV (Published Order), Appeal from Fairfax Cir. Court. VLW No. 019-6-016, 4 pp. Full-Text Opinion

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Counsel’s failure to appear due to illness warranted continuance (access required)

Where the circuit court sua sponte dismissed plaintiff’s personal injury case with prejudice after counsel informed the court and opposing counsel that he was too ill to appear for trial, the court abused its discretion by denying plaintiff’s motion for ...

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