appeals judge
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Latest blogosphere posts tagged “appeals judge”
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Prenuptial Bars ED Award & Expense Repayment
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In husband’s appeal of a final divorce decree granting wife equitable distribution of $135,000 and denying him reimbursement of household expenses, the Court of Appeals says the parties’ prenuptial agreement requires reversing the ED order and affirming denial of reimbursement; although poorly written, the ...2 weeks ago -
U.S. Appeals Court strikes down labor board’s ‘poster rule’
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A three judge panel of the U.S. Court of Appeals in D.C. on Tuesday struck down National Labor Relations Board regulations that required workplaces to display a poster about worker’s federal rights. The NRLB issued new regulations in 2011 that required companies to inform employees about... … Read More2 weeks ago -
Restitution Reversed for Unnamed ‘Victim’
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The 4th Circuit reverses a sentencing order insofar as it required defendant to pay $685 in restitution for a homeowner’s broken window and homeowner’s deductible, on defendant’s conviction pursuant to a plea agreement to possession of a stolen firearm; the presentence report identified no “victim” of the ...2 weeks ago -
No Jurisdiction from Internet Pharmacy Sales
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Defendant foreign banks cannot be sued in a Virginia federal district court for an alleged global cyber-crime conspiracy to collect funds from the sale of illegal counterfeit prescription drugs over the Internet to American consumers; the 4th Circuit affirms dismissal of this suit for injunctive relief for lack of ...2 weeks ago -
Employer Had Too Few Employees
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The Court of Appeals affirms a commission finding that employer lacked the requisite three employees for jurisdiction under Va. Code § 65.2-101: the record supports that at most two employees were required considering the established performance of the work of the business. Employer hobby shop operates daily with one ...4 weeks ago -
Employer Had No Duty for Employee Parking
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The Court of Appeals affirms the commission’s determination that employee’s fall in her employer’s parking lot is not compensable: employer was not responsible for maintaining the lot and did not control employee’s selection of parking places. Employee worked as an overnight receptionist at a 24-hour ...4 weeks ago -
Both Spouses Lose Appeals
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In divorce litigation pending over six years, wife shows no abuse of discretion in the trial court denying her a continuance or its determinations to order real property sold and award spousal support to husband; the Court of Appeals says husband’s objection that the trial court failed to consider tax consequence is ...4 weeks ago -
No Jury Trial for Treatment Petition
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A patient who has been in a state psychiatric hospital since he was found not guilty of malicious wounding by reason of insanity was not entitled to have a jury decide whether he should be required to undergo psychiatric and medical treatment against his will under Va. Code § 37.2-1101, the Court of Appeals says. ...4 weeks ago -
Later Bad Act Comes In at Sentencing
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At defendant’s sentencing on cocaine possession and driving after being declared a habitual offender, the court did not err in considering evidence of defendant’s participation in a cocaine sale three months after his guilty plea and prior to sentencing; the Court of Appeals says an officer’s testimony, ...4 weeks ago



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