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Monthly Archives: May 2007

Domestic Relations – Child Support – Mortgage Payments (access required)

A trial court refuses to enforce a couple’s agreement that, in lieu of child support for the parties’ daughter, husband would pay the first and second mortgages on the home and allow the daughter and mother to live in the ...

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Domestic Relations – Child Support Increase – Imputed Income (access required)

The court finds a material change of circumstances, in that the father’s income has increased from $94,188 per year to $10,343 per year, and the mother, whose income has decreased from $38,004 per year to $29,759, has the children for ...

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Negligence – Discovery – Lead Paint Case – Family Medical Records (access required)

In this case alleging injury from lead-based paint in a residence, a circuit court grants defendants’ motion to compel discovery regarding IQ tests of plaintiffs and their family members, blood or other lead tests administered to plaintiffs’ siblings and half-siblings; ...

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Tort – Business Tort – Standing – Auto Dealership Financing (access required)

An automobile dealership and its owners may sue Wachovia Bank on business tort claims arising from the bank’s alleged termination of financing for the dealership that caused the dealership to lose its franchise. This action arises from a commercial financing ...

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Civil Rights – Schools – Disabled Student – IDEA – IEP – Naming School (access required)

A defendant school board’s individualized education program for a middle-school student who suffered from Aspergers Syndrome and related learning disabilities failed to satisfy the Individuals with Disabilities Education Act, 20 U.S.C. Sects. 1400 et seq., because it did not specifically ...

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Criminal – Extortion – Sentence – Upward Variance – Allocution (access required)

The 4th Circuit affirms a sentence of 84 months, in excess of the advisory guideline range, for a former assistant state superintendent of West Virginia schools who pleaded guilty to extortion and filing a false tax return; although the district ...

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Insurance – Viatical Settlements Act – Constitutional Challenge – Dormant Commerce Clause (access required)

A Texas company involved in a terminally ill Virginia woman’s sale of her $115,000 life insurance policy for $29,900 loses its constitutional challenge to Virginia’s Viatical Settlements Act, whose regulatory scheme would have set a minimal sale price of $69,900 ...

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Criminal – Consensual Encounter – Plain View (access required)

A detective who asked defendant to exit his vehicle, for the officer’s safety, and who observed a rock of cocaine in plain view as defendant exited, was entitled to search the vehicle. Defendant complains that the detective’s observation of a ...

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Criminal – Disorderly Conduct – Off- Track Betting Center (access required)

A man who was disruptive and refused to leave a VIP room at an off-track betting center that he had been asked to leave because of his loud and boisterous behavior, can be convicted of misdemeanor disorderly conduct in violation ...

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