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Monthly Archives: June 2008

Criminal – Indecent Liberties With Minor – Public Exposure (access required)

The Court of Appeals holds there was sufficient evidence to convict defendant of taking indecent liberties with a minor, where a 12-year-old boy walking on the beach with his father observed defendant with his pants down, exposing and touching his ...

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Workers’ Comp – Arising Out Of – Kennel Assistant (access required)

A kennel assistant who was struck by two cars when he chased a customer’s dog who ran into a highway suffered an injury that arose out of the course of his employment and he is entitled to workers’ comp benefits, ...

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Administrative – Dentist Discipline – Poor Recordkeeping (access required)

The en banc Court of Appeals upholds administrative sanctions of a reprimand and monetary penalty for a dentist who in multiple cases failed to keep adequate patient records showing diagnosis and treatment of patients. The dentist first argues the Virginia ...

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Bankruptcy – Home Mortgage – Ch. 13 – Payoff Amount (access required)

A U.S. Bankruptcy Court in Roanoke grants debtors’ motion to sell their home free and clear of liens, with adjustments to reduce the payoff amount claimed by the mortgage service lender for unnecessary monthly inspection fees and other alleged costs. ...

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Bankruptcy – Settlement Proceeds – Constructive Trust – License Agreement (access required)

A debtor that continued to manufacture toys – Cotton Candy Makers and Hop-Along-Katie dolls – after its licensing agreements with two creditor companies were terminated has a constructive trust imposed in favor of the licensors on certain settlement proceeds held ...

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Bankruptcy – Credit Counseling Deferment – Ch. 13 – Eviction (access required)

A U.S. Bankruptcy Court in Alexandria denies a Chapter 13 debtor’s motion to defer the requirement of credit counseling prior to filing a bankruptcy petition, based on her anticipated eviction as “exigent circumstances” justifying deferment. Debtor’s certificate of exigent circumstances ...

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Bankruptcy – Abusive Filing – Ch. 7 – Means Test (access required)

A couple’s voluntary Chapter 7 petition is dismissed without prejudice by an Alexandria U.S. Bankruptcy Court, without reaching the question whether to apply the “snapshot” view of the means test under the new bankruptcy law, because debtors failed to respond ...

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Civil Procedure – Discovery Sanctions – Rule 37 – Default Judgment (access required)

In this litigation between a former chairman of the board and CEO for defendant corporation who left his post as officer and director but was retained as consultant, and the corporation, which has counterclaimed against the former chairman, his wife, ...

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Consumer Protection – Mortgage Loan – RESPA – Treble Damages (access required)

A borrower who alleges he paid real estate settlement fees to defendant Clipper City, a sham entity used by defendant Shane Hapney to get a kickback for steering real estate closings to another entity, wins a default judgment and is ...

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