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Home / 2007 / March (page 17)

Monthly Archives: March 2007

Civil Procedure – Lawyer's Trial Conduct – Sanctions – Contempt (access required)

In a dispute over a Norfolk lawyer’s alleged elbowing of opposing counsel in response to counsel calling the lawyer’s co-counsel “untruthful,” the Supreme Court vacates a monetary sanction against the lawyer based on the trial court’s inherent authority, but affirms ...

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Civil Procedure – Mandamus – Municipal – Sewer Line Construction (access required)

A Montgomery County Circuit Court did not err in finding that the statute of limitations barred a property owner’s petition for a writ of mandamus to require the Town of Blacksburg to construct sewer lines to the subject property, which ...

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Civil Procedure – Multiple Suits – Nonsuit – Res Judicata (access required)

Where an administratrix whose husband died after being treated for an ATV accident brought three separate wrongful death actions under Va. Code Sect. 8.01-50, designated as Case 1, Case 2 and Case 3, and Case 1 was nonsuited while Case ...

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Commercial – Vehicle Lease – Indemnity Provision – Own Negligence (access required)

A trucking company’s vehicle lease that contains a provision indemnifying the company against its own negligence is not void as against public policy insofar as the provision would entitle a party to indemnification for liability incurred as the result of ...

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Contract – Construction – Indemnification (access required)

Two indemnification provisions in a construction contract between a contractor and the Hampton Roads Sanitation District to install sewer lines that would cross under railroad tracks, are not void as against public policy insofar as they entitle the indemnitee HRSD ...

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Contract – Noncompete – Physician Professional Corporation (access required)

A physician who entered into a noncompete with his employer physician and that employer’s professional corporation is no longer constrained by the noncompete because after the employer physician died, the professional corporation, inherited by the doctor’s widow, became a non-professional ...

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Contract – Shareholder Agreement – Specific Performance (access required)

A circuit court erred in holding that a bill of complaint filed by shareholders of a wood preserving company, who offered to buy another shareholder’s stock that was offered under the company’s 1990 shareholder agreement, stated a breach of contract ...

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Criminal – Actual Innocence Writ – Witness Recantation – Child Molestation (access required)

Although the alleged victim of defendant’s sexual offenses – the 10-year-old daughter of defendant’s girlfriend – several years later recanted her trial testimony about defendant molesting her, the trial court did not err in refusing to grant a writ of ...

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