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Monthly Archives: October 2007

Wife kills pet, accuses husband of domestic assault, drug use – Verdict $540,000 (access required)

This was not a divorce case. Mr. Fadness sued his former wife for intentional infliction of emotional distress, defamation, malicious prosecution and abuse of process. He also alleged conspiracy to abuse process involving the plaintiff’s mother-in-law, but a defense verdict ...

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Contract – Tax Preparation Franchise – Noncompete Clause (access required)

A defendant who signed agreements to operate multiple JTH Tax Service franchises, and who failed to pay advertising and royalty fees, and breached the agreements by having a man in an Uncle Sam costume stand outside the offices and wave ...

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Richmond circuit judge latest to uphold ?fees' (access required)

A third circuit judge has reversed a lower court ruling that the state’s civil remedial fees violate the equal protection clauses of the Virginia and U.S. constitutions because they apply to Virginians but not to out-of-state drivers. Judge Walter W. ...

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Philip Morris sues over counterfeit smokes (access required)

Philip Morris USA filed suit against 105 New Jersey and New York retailers last week, alleging that they sold counterfeit versions of Marlboro brand cigarettes. In three suits, the Richmond-based cigarette maker accuses several delis, grocers and convenience stores of ...

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Dems blame GOP for driver fees dust-up (access required)

Democrats are taking their campaign to regain control of the General Assembly on the road, blaming the Republican majority for the expensive and unpopular “abusive driver fees” while claiming credit for Virginia’s reputation for fiscal prudence. All 140 legislative seats ...

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Tech-inspired gun bill getting bogged down (access required)

WASHINGTON—A bill inspired by the Virginia Tech shootings is bogged down by objections over funding and who should be barred from buying a firearm. The bill would tighten requirements for states to share gun purchasers’ mental health information with the ...

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Environmental groups seek halt to coal-powered plant (access required)

ROANOKE—A coalition of environmental groups has launched a broad-based effort to stop plans for a coal-fired power plant in Southwest Virginia. The environmentalists are concerned about greenhouse gas emissions from the 585-megawatt plant proposed by Dominion Virginia Power. They also ...

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U.S. high court will hear Va. drug suppression case (access required)

WASHINGTON—The Supreme Court agreed last week to review the case of a Virginia man who successfully challenged a drug charge arising from his illegal arrest for driving on a suspended license. Many state and federal courts say that failing to ...

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Immigration – Citizenship Application – Examination – Processing Delay (access required)

A district court has jurisdiction over petitioner’s motion relating to delay in processing his application for citizenship after completion of examination by immigration officials, but the court will remand the application to the U.S. Citizenship and Immigration Services for determination. ...

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Administrative – Medicaid – Reasonable Promptness (access required)

A district court erred in holding that a disabled claimant’s application for Medicaid services was moot and the case is remanded to allow claimant to proceed under 42 U.S.C. Sect. 1983 to address any failure by state Medicaid officials to ...

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