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Monthly Archives: December 2007

News In Brief – 12/24/2007 (access required)

On Nov. 16, 2007, the Virginia State Bar Disciplinary board indefinitely suspended Bonar M. Robertson’s license to practice law in Virginia, the same discipline imposed by the Court of Appeals of Maryland. * * * On Dec. 13, 2007, the ...

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Consumer Protection – Modular Housing – Warranties (access required)

Plaintiffs who are suing over alleged defects in modular housing purchased from defendants, who are entitled to sue under Virginia UCC provisions covering the sale of “goods,” may not also sue for warranty protections extended to buyers of “new dwellings” ...

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Contract – Construction – Surety Claim (access required)

In this dispute between the general contractor and a sub on high school construction project, the circuit court overrules defendant general contractor’s plea in bar and holds that the sub only partially assigned its claims under the subcontract to the ...

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Contract – Telecommunications Contract – School Infrastructure (access required)

In this contract dispute between plaintiff Government Telecommunications Inc. and defendant Verizon Federal Inc., the circuit court finds that a material question of fact does not exist and grants Verizon’s motion for partial summary judgment in the amount of $2,427,605.82, ...

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Corporate – Fiduciary Duty – LLC – Member Suit (access required)

Following another Fairfax Circuit judge’s decision, a judge finds that a claim for breach of fiduciary duty cannot be brought directly by one member of an LLC against another member or manager, and plaintiff does not have standing to bring ...

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Domestic Relations – Child Support Enforcement – UPL (access required)

A Roanoke City Circuit Court denies a motion to quash filed by a respondent to a petition filed by the Division of Child Support Enforcement, finding that the DCSE motion by an agency Support Enforcement Specialist on behalf of DCSE ...

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Real Estate – Restrictive Covenants – Subdivision Roads – Dec Action (access required)

Although the circuit court allowed plaintiff to amend its complaint seeking a declaratory judgment that a subdivision’s roads are private and that defendant, Flattop Mountain Landowners Association Inc., has no authority to make any agreement that allows for the use ...

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Wills & Trusts – Family Allowance Election – Deed Of Distribution (access required)

A circuit court grants the widow/executor’s motion asking the court to affirm the validity of her “Election to Take Family Allowance, Exempt Property and Homestead Exemption” through a deed of distribution filed with the court in 2005. The executor contends ...

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Motorist claims injuries from low-impact crash – $500 Verdict (access required)

The plaintiff initially visited her family doctor on the day of this very low-impact accident complaining only of whiplash symptoms, and she sought no treatment during the entire next month. A month later, however, plaintiff went to Dr. Michael Becker, ...

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Plaintiff suffers complications from gastric bypass surgery – Defense Verdict (access required)

This case involved a 43-year-old female, Wendelin McCormack, who had a medical history significant for morbid obesity, osteoarthritis of her knees and glaucoma when she decided to proceed with a laparoscopic gastric bypass. She was referred to Dr. Stephen Hopson ...

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