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Monthly Archives: June 2007

Social Security – Second Application – New Award (access required)

Although the Commissioner of Social Security found this 49-year-old former cashier who suffers from epilepsy, headaches, and pain related to osteoarthritis and degenerative joint disease “not disabled” as of Feb. 7, 2006, the district court remands this case to the ...

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Search & Seizure – Hand Into Pocket – No Reasonable Suspicion (access required)

Although police observed defendant and another person in a hand-to-hand transaction on the street, the officer’s subsequent observation of defendant attempting to put his hand in his pocket during his initial consensual encounter with police did not provide a reasonable ...

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Traffic Offenses – Driving Without License – Oregon Commercial License (access required)

The Court of Appeals agrees with defendant that since he had a valid Oregon commercial driver’s license, he was duly licensed to operate a non-commercial vehicle in Virginia, and his conviction of operating a motor vehicle without a valid Virginia ...

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Civil Procedure – Choice Of Law – Usury Law – Lottery Winnings (access required)

A Virginia lottery winner who borrowed $29,000 from WebBank, in an arrangement with a loan agreement governed by Utah law and an assignment of her lottery winnings to Settlement Funding LLC, and who later sued for usury when she learned ...

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Civil Rights – Prison Inmate – Med- Mal Suit – Prison Health Service (access required)

A Virginia state prison inmate can sue defendant Prison Health Services Inc. for alleged medical malpractice, and the circuit court decision dismissing the inmate’s suit on the ground that the defendants were state employees entitled to sovereign immunity, not independent ...

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Consumer Protection – VCPA – Defective Car – Repainting (access required)

A couple who shopped for a van based on an advertisement that listed another van with a specific stock number, and who bought a different van on which defendant dealer promised to repair,, but only repainted a spot, can recover ...

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Contract – Arbitration – Power Plant Construction – Liquidated Damages (access required)

Alstom Power Inc., a contractor for construction of two power plants, who contracted with BBF Inc. for air-cooled condensers for both plants, wins an appeal by BBF of a circuit court order upholding an arbitration award for Alstom that included ...

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Corporate – Nonstock Company – Debenture Payoff – Cemetery (access required)

In this lawsuit in which two groups are vying for control of a not-for-profit, nonstock corporation, formerly Sherwood Burial Park Inc., now Sherwood Memorial Park Inc., the trial court did not err in holding that directors of the corporation had ...

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Criminal – Child Sexual Abuse – Witness Cross- Exam (access required)

The Supreme Court of Virginia affirms a defendant’s convictions of aggravated sexual battery upon four female children under age 13, on his appeal arguing that the Court of Appeals erred in holding that the denial of his right to cross-examine ...

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