Quantcast
Home (page 7)

Author Archives: Virginia Lawyers Weekly

Social Security – Disability Benefits – Claim Denial – Concentration, Persistence or Pace (access required)

Contrary to plaintiff’s argument, the administrative law judge recognized plaintiff’s overall moderate difficulties with concentration, persistence, or pace; however, evidence from plaintiff’s doctors supported the ALJ’s finding that he would nonetheless be able to stay on task while performing “simple ...

Read More »

Black Lung Benefits – ‘Operator’ – Definition Change – Subsequent Rehire (access required)

When the claimant first worked for petitioner’s predecessor, the predecessor did not fall within the Federal Mine Safety and Health Act’s definition of “operator.” However, after the definition of “operator” was expanded to include mining construction contractors like petitioner’s predecessor, ...

Read More »

Arbitrability – JAMS Rules – Arbitrator’s Decision – First Impression (access required)

Where the arbitration clause of the parties’ contract says arbitration is to “be administered pursuant to the JAMS Comprehensive Rules and Procedures,” and where those rules provide that arbitrability disputes are to be decided by the arbitrator, then the arbitration ...

Read More »

Sentencing – Procedurally Unreasonable – Downward Departure Arguments (access required)

In imposing a within-Guidelines sentence on defendant for armed robbery and brandishing a firearm during a crime of violence, the district court made cursory reference to two of defendant’s arguments for a downward departure (his opiate addiction and the influence ...

Read More »

Child Pornography – First Impression – Peer-to-Peer Sharing – ‘Distribution’ (access required)

The 4th Circuit joins its sister circuits in holding that, where files have been downloaded from a defendant’s collection of child pornography images, use of a file-sharing program constitutes distribution under 18 U.S.C. § 2252A. We affirm the district court’s ...

Read More »

Habeas Petition – Constitutional – Solicitation of a Minor (access required)

After MacDonald v. Moose, 710 F.3d 154 (4th Cir. 2013), declared the former version of Virginia’s sodomy statute, Va. Code § 18.2-361(A), to be facially invalid under Lawrence v. Texas, 539 U.S. 558 (2003), Virginia’s Supreme Court held that the ...

Read More »

Asylum Application – Untimely – Changed Circumstances (access required)

Even though the Honduran petitioner failed to seek asylum within one year of arriving in the U.S., since his arrest by immigration authorities led to more violence against his family and threats against his associates in more Honduran cities, petitioner ...

Read More »

Eighth Amendment – Jury Instructions – Intentional Actions (access required)

In this case involving a prisoner who was attacked and injured by another inmate, the district court instructed the jury, “Deliberate indifference is established only if the defendants . . . had actual knowledge of a substantial risk that Anderson ...

Read More »

Eighth Amendment – ‘Rough Ride’ – Excessive Force – Deliberate Indifference (access required)

If, as the plaintiff-prisoner forecasts, prison guards gave him a “rough ride” in a prison van in order to teach him a lesson about filing grievances, then the driver used excessive force and the other guard was deliberately indifferent. The ...

Read More »