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Monthly Archives: March 2007

Contract – Escrow Agreements – Breach Of Contract (access required)

An Alexandria Circuit judge overrules defendant banks’ demurrers to plaintiff electric company’s fourth amended motion for judgment alleging breach of contract in regard to Custodial Escrow Agreements, but the court sustains the demurrer to the claim for attorney’s fees. In ...

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Corporate – LLC Operating Agreement – Authority To Hire Lawyer (access required)

Based on its interpretation of the operating agreement for these deadlocked family LLCs owned by five siblings, the circuit court grants summary judgment to the siblings that have exercised their 60-percent majority to terminate the authority of one law firm ...

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Criminal – Confrontation Clause – Affidavit (access required)

A circuit court declines to reconsider its earlier ruling excluding an affidavit proffered by the commonwealth pursuant to Va. Code Sect. 18.2-472.1(D), whose admission would violate defendant’s Sixth Amendment right to confront his accusers. In Hodges v. Commonwealth, 272 Va. ...

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Criminal – Habeas Corpus – Inmate Altercation (access required)

An inmate at Wallens Ridge State Prison is not entitled to a writ of habeas corpus challenging his detention on a conviction of unlawful wounding resulting from an altercation with another inmate at the prison. I find no evidence petitioner ...

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Criminal – Involuntary Intoxication – Insanity Defense (access required)

A defendant who contends he unknowingly ingested a drink containing benzodiazepines, or a “date rape” drug, and who left a party in his vehicle and struck two other vehicles in the apartment complex parking lot, wins his motion in limine ...

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Employment – Restrictive Covenant – 'Freelance Performer Agreement' – Advertising Company (access required)

A restrictive covenant in a contract between plaintiff advertising business and defendant “Talent” that states that the “Talent” agrees for one year after termination of the agreement not to “directly or indirectly perform the same Services covered” by the agreement ...

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Insurance – Homeowners Policy – BB Gun Injury – Notice (access required)

An insurance company must provide coverage under a homeowners policy issued to a grandmother for injuries suffered by her grandson’s neighborhood friend who was accidentally shot by the grandson with a BB gun. The grandson and his parents lived with ...

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