Virginia Lawyers Weekly

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Defendant not eligible for resentencing | Virginia Lawyers Weekly

Where the defendant was sentenced after the Fair Sentencing Act, and there was no suggestion that the district court did not follow U.S. Supreme Court and Fourth Circuit caselaw which held that the statute applied to all post-act sentencings, even where the offense in question predated the act, he was ineligible for resentencing under the ...

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No duty to defend employee in accident using own car | Virginia Lawyers Weekly

Where an insurance policy provided coverage for automobile accidents involving a “covered auto,” and it listed the vehicles falling within this definition, an accident involving a company employee using her personal vehicle for business purposes fell outside the scope of the policy. Background Jireh House Inc. is a group home that cares for adults with ...

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022-2-147 – United States v. Nelson | Virginia Lawyers Weekly

United States v. Nelson, Case No. 21-4250, June 17, 2022. 4th Cir. (Harris), from SDWVA at Bluefield (Faber). Stephen J. van Stempvoort for Appellant. Andrew Dayne Isabell for Appellee. VLW 022-2-147. 14 pp. Full-Text Opinion VLW 022-2-147 Virginia Lawyers Weekly Mandatory supervised release term not required

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Mandatory supervised release term not required | Virginia Lawyers Weekly

Where the district court believed it was required to impose a mandatory minimum term of five additional years of supervised release after the defendant violated his sex-offender registration requirement, but the statute does not require a mandatory minimum term, the sentence was vacated because the error was plain and affected the defendant’s substantial rights. Background ...

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No damages after rejection of equivalent position | Virginia Lawyers Weekly

Where a pilot returning from military leave was offered an equivalent position, albeit in a different city, and implementing regulations by the Department of Labor, or DOL, specify that a reemployment position may involve transfer to another location, but the pilot refused the transfer, the district court did not err in concluding the pilot was ...

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022-2-149 – Harwood v. American Airlines Inc. | Virginia Lawyers Weekly

Harwood v. American Airlines Inc., Case Nos. 20-2200, 21-1137, June 17, 2022. 4th Cir. (Floyd), from EDVA at Alexandria (O’Grady). Adam Augustine Carter for Appellant. Jason Matthew Zarrow for Appellee. VLW 022-2-149. 15 pp. Full-Text Opinion VLW 022-2-149 Virginia Lawyers Weekly No damages after rejection of equivalent position

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Court restricts comments by landowners in trial | Virginia Lawyers Weekly

Where land was condemned for an easement required for construction of a natural gas pipeline, any evidence or statements by landowners or counsel bearing on the land’s “value to me,” or that they are being forced to sell, cannot afford to compromise and will have to “live with this forever” were excluded from the damages ...

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Home care provider prevails on ADA claims | Virginia Lawyers Weekly

Where a clinical manager for a home health care provider stated she was unable to perform field visits because of her knees, and she refused the provider’s offer to screen field visits and allow her to select those that she believed were consistent with her alleged limitations, the provider prevailed on her failure to accommodate, ...

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022-3-253 – Brown v. Energy Services Group International Inc. | Virginia Lawyers Weekly

Brown v. Energy Services Group International Inc., Case No. 3:21-cv-611, June 14, 2022. EDVA at Richmond (Payne). VLW 022-3-253. 12 pp. Full-Text Opinion Subscribe Login Print, Digital & Mobile1 Month$19----------1 Year$449 Digital & Mobile Only1 Year$399 Print, Digital & Mobile1 Month$19----------1 Year$449 Digital & Mobile Only1 Year$399 Print, Digital & Mobile1 Month$19----------1 Year$449----------Digital & Mobile ...

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Protestor’s First Amendment retaliation claim proceeds | Virginia Lawyers Weekly

Where a man protesting police brutality in downtown Fredericksburg alleged that officers repeatedly shouted directives at him, causing him to stop his movements, and that he was subsequently detained and issued a citation, he plausibly alleged a First Amendment retaliation claim. Background Jacqueline and Marc Stout allege that, while they were peacefully protesting police brutality ...