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Opinion Digests

Partial Dirt-for-Debt – Valuation – Appeals – Post-Petition Interest Adjustment (access required)

Bate Land Co. LP v. Bate Land & Timber LLC (VLW No. 017-2-211, 21 pp.) (Duncan, J.) 16-2037; Dec. 6, 2017; USDC at Wilmington, N.C. (Boyle, J.) 4th Cir. Holding: The bankruptcy court has specialized expertise in valuing property, and ...

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Invasion of Privacy – Teen Sexting – Warrant – Forced Masturbation (access required)

Sims v. Labowitz (VLW No. 017-2-209, 30 pp.) (Keenan, J.) (King, J., dissenting) 16-2174; USDC at Alexandria. (Hilton, S.J.) 4th Cir. Holding: In a child pornography case involving teen sexting, a police detective consulted with an assistant prosecutor and obtained ...

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Public Employees – Whistleblower Claim – Agency Timeliness & Reports – Administrative (access required)

Flynn v. U.S. Securities & Exchange Commission (VLW No. 017-2-212, 18 pp.) (Wynn Jr., J.) 16-2122; Dec. 7, 2017; on petition for review from the Merit System Protection Board. 4th Cir. Holding: The applicable version of 17 C.F.R. § 201.900(a) ...

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Constitutional – First Amendment – Rastafarian Services – Administrative Remedies (access required)

Wilcox v. Brown (VLW No. 017-2-210, 14 pp.) (Traxler, J.) 16-7596; Dec. 5, 2017; USDC at Asheville, N.C. (Whitney, C.J.) 4th Cir. Holding: Where the plaintiff-prisoner alleges that defendants discontinued Rastafarian services because the prison was without a chaplain, but ...

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Doctrine of Judicial Estoppel – Affirmative Defense (access required)

Eilber v. Floor Care Specialists Inc. (VLW No. 017-6-097, 6pp.) (Mims, J.) Record No. 161311. Appealed from the Circuit Court of the City of Roanoke. Holding: Where the appellant-debtor filed suit for defamation against the appellees after his employment was ...

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Elements of Conspiracy to Possess with the Intent to Distribute Cocaine – Constructive Possession (access required)

Williams v. Commonwealth (VLW No. 017-6-098, 5pp.) (order) Record No. 170101. Appealed from the Court of Appeals of Virginia. Holding: Where the appellant-defendant’s conviction of possession with the intent to distribute cocaine was based on a finding that he conspired ...

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