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Home / 2007 / April (page 7)

Monthly Archives: April 2007

Domestic Relations – Equitable Distribution – Separate Property (access required)

In this divorce of a couple married for four years, each of whom had separate property and income prior to the marriage, which they kept largely separate throughout the marriage, the divorce court applies the Brandenburg formula to divide the ...

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Domestic Relations – QDRO – Husband's Retirement Plan – COL Increase (access required)

Although the parties’ final divorce decree and stipulation agreement make no specific reference to wife receiving a share of the cost-of-living increases that come with husband’s pension benefits, the divorce court approves the language of the qualified domestic relations order ...

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Real Estate – Condo Construction – Statute Of Repose (access required)

In this litigation over alleged defects in two condominium units at Birdneck Villas, the circuit court denies the roofing contractor’s plea of the statute of repose filed in response to the general contractor’s fourth-party complaint against the roofing contractor. The ...

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Real Estate – Wills & Trusts – Life Estate (access required)

A testatrix’s daughter loses her challenge to an interpretation of a 1952 conveyance that would allow a 51-acre parcel to pass to other devisees under the will, not to the daughter. Plaintiff, one of two surviving children of the testatrix, ...

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Tort – Tortious Interference – Auto Dealership – Limitations (access required)

A circuit court declines to apply the “continuous treatment” rule to a complaint alleging a continuous pattern and course of conduct with an auto dealership’s relationships with a manufacturer and distributor, that allegedly constituted tortious interference with business advantage, and ...

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Wills & Trusts – Horse Farm – Choice Of Animals (access required)

A German national and former fashion model who operated a horse farm and whose holographic will stated that her friend of 35 years was entitled to “select two horses for his pleasure” and receive $25,000 from her estate for upkeep ...

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Zoning – Rezoning Reconsideration – Procedural Rules (access required)

Although plaintiffs, a builder and the couple who contracted to sell the builder a 30-acre tract in Loudoun County, obtained a rezoning of the property from the board of supervisors on April 18, the board followed its own rules of ...

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Jury finds for defendant in abdominal surgery case (access required)

Plaintiff was an elderly, formerly obese woman who had a history of diabetes and anemia. However, she was otherwise described as vibrant and active. She was diagnosed with colon cancer in spring 2005. The defendants were a general surgeon and ...

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Criminal – Crack Cocaine – Aiding & Abetting – Sentencing – Rehabilitation (access required)

A district court’s refusal to give prison time instead of probation and home confinement to a defendant convicted of aiding and abetting distribution of crack cocaine (which made him eligible or an advisory guideline sentence of 63-78 months’ imprisonment) is ...

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