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Monthly Archives: June 2007

Real Estate – Partition – Non- Occupying Owner (access required)

In this action for partition of a Prince William County townhouse owned by two women and occupied by one of the women and her son, and into which the non-occupying woman planned to move at one point, the woman who ...

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Search & Seizure – Traffic Stop – Folded Dollar Bill – Cocaine (access required)

A circuit court erred in refusing to suppress evidence of cocaine found in a dollar bill folded in an “apothecary fold” that a police officer saw protruding from the defendant’s pocket during a traffic stop. During a pat-down search after ...

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Tort – Defamation – Editorial – Electoral Candidate – Actual Malice (access required)

Although a newspaper editorial endorsing plaintiff’s opponent for the Virginia House of Delegates erred in stating that plaintiff earlier resigned from the school board, and defendant newspaper earlier had endorsed plaintiff for city council in a prior statement that suggested ...

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Tort – Va. Tort Claims Act – Damages Cap – Settlement Credit (access required)

An injured passenger who sued the commonwealth for alleged improper road maintenance can sue for damages in excess of the $100,000 statutory cap on damages the commonwealth could be liable for under Va. Code Sect. 8.01-195.3; the trial court erred ...

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Wills & Trust – Power Of Attorney – Change Of CD Beneficiary (access required)

A lawyer acting as attorney-in-fact under a durable power of attorney granted by his long-time client, and following the client’s direction, properly exercised the power of attorney to change the beneficiary on a certificate of deposit owned by the client ...

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Workers' Comp – Construction Worker Injury – Contractor Indemnification (access required)

A contractor incorporated in Maryland and licensed to do business, who was hired to perform restoration of a Virginia residence damaged by fire, and who in turn hired a Maryland subcontractor whose employee was injured after falling from the roof ...

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Justice Lacy to retire from court in August (access required)

Virginia Supreme Court Justice Elizabeth B. Lacy said she hopes to take advantage of what she called “bonus years” when she retires in August as the current court’s longest serving member. Lacy announced her retirement to her colleagues June 8 ...

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Smith Mountain rentals OK for ?residential' purposes (access required)

A home in a Smith Mountain Lake subdivision can be used for short-term rentals, even though a restrictive covenant says the property is only for “residential purposes,” the Supreme Court of Virginia has ruled in Scott v. Walker (VLW 007-6-085). ...

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