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Opinion Digests

Vocational workers are ‘employees’ under NLRA (access required)

Where the National Labor Relations Board concluded that the relationship between a vocational services program and disabled janitors was akin to a “typically industrial” relationship, thus making the janitors “employees” under the National Labor Relations Act, and substantial evidence supported ...

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Class-wide injunction regarding detention process vacated (access required)

Where the district court issued a class-wide injunction regarding government procedures to detain aliens pending removal hearings, but the statute expressly precludes “jurisdiction or authority to enjoin or restrain” provisions of the immigration laws on a class-wide basis, that aspect ...

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‘Miranda’ rights waived by voluntary talk with police (access required)

Where a defendant argued that statements he made to the police without benefit of counsel about a gun involved in a felon-in-possession charge should have been suppressed, but he knowingly waived his right to counsel by voluntarily answering a detective’s ...

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Sentencing error harmless, enhancement supported (access required)

Where the district court erred by imposing an enhanced statutory maximum that was neither charged nor submitted to the jury, because the statutory sentencing enhancement was supported by overwhelming evidence and was uncontroverted, the error was harmless. Background Former federal ...

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Polo association defeats claims by player accused of bullying (access required)

Where a polo player was investigated for allegedly directing a racial slur toward a minor and then bullying him, but was cleared of the charges, his subsequent defamation, breach of contract and emotional distress claims against the investigating organization were ...

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Class conditionally certified in FLSA overtime suit (access required)

Where call center workers submitted declarations to support their claims that a company-wide policy required them to work before the start of their shifts, through unpaid meal breaks and after their shifts ended, their motion for conditional certification was granted. ...

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Co-interim lead counsel appointed in toxic baby food suits (access required)

Where two attorneys have significant experience litigating class actions involving food mislabeling and consumer fraud and a third attorney is a member of the Virginia Bar familiar with the court’s practices and has offices close to the court, the three ...

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