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Opinion Digests

Circuit courts can’t “correct race/nationality” (access required)

Neither the Virginia constitution nor any statute conferred jurisdiction on the circuit court to hear petitions for correction of race/nationality, notwithstanding how other states’ courts have treated such petitions. Background Petitioners Michael Pacheco and Anthony Harris have requested this court’s ...

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SCV: Plaintiffs must prove product redesigns are safer overall (access required)

Although the estate of a plant worker crushed by a lift truck offered a truck redesign that could have prevented that particular worker’s death, there was no evidence that the redesign would lead to fewer total deaths. Thus, the jury’s ...

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EDVA: FLSA plaintiffs win nearly $700,000 in fees, costs (access required)

After approving a settlement of $285,000 for the Plaintiffs’ wage claims, a federal court also awarded about 80 percent of their requested fees, noting that the Defendant fought every issue “to its last breath.” Background This is a Fair Labor ...

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Va. Ct. App.: Bifurcated divorce decree was final (access required)

The court of appeals could review a divorce decree that the circuit court had bifurcated from ongoing litigation of spousal support, equitable distribution, and attorneys’ fees due to the 90-year-old husband’s failing health. Background After 54 years of marriage, Husband ...

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EDVA: Firearm discovered in Terry stop suppressed (access required)

Police responding to gunfire in a Richmond neighborhood unreasonably detained a group of men walking away from where they heard shots. As a result, a firearm discovered after police detained the defendant was suppressed. Background Defendant Billy Curry was indicted ...

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EDVA: Privilege doesn’t attach to valuation documents (access required)

Financial documents submitted to a valuation company and later sought by subpoena were not privileged under either attorney-client privilege or the work-product doctrine. In any event, the defendant’s motion to quash the subpoena was untimely filed. Background This action revolves ...

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4th Cir.: Arbitrator’s decision mooted injunction appeal (access required)

An employer enjoined from moving its operations could no longer pursue its appeal after an arbitrator’s final decision. The matter was moot, despite the employer’s intention to seek attorneys’ fees. Background Appellant Airgas Inc. operates a facility in Hyattsville, Maryland, ...

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4th Cir.: “Sexually dangerous person” finding affirmed (access required)

Although the defendant claimed that he could control his pedophilic impulses and that his past behavior was limited to mere exhibition, not “hands-on offenses,” the district court properly found him to be a “sexually dangerous person.” Background Appellant Kaylan Bell ...

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4th Cir.: Conviction, sentence affirmed for bank fraudster (access required)

The district court did not err in any respect in convicting and sentencing a defendant alleged to be the ringleader of a conspiracy to convert funds from Capital One accountholders. Background Between January and April 2012, Appellant Junaidu Savage and ...

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4th Cir.: RICO no remedy for shorted subcontractor (access required)

A subcontractor seeking compensation for restoration work within the scope of the National Flood Insurance Program could not claim full payment via RICO, because claims adjusters’ negative assessment of the subcontractor’s work did not directly cause the lack of payment. ...

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