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Monthly Archives: June 2008

Constitutional – Sovereign Immunity – Dulles Toll Road Contract – Self-Executing Waiver (access required)

A circuit court’s dismissal, on the basis of sovereign immunity, of plaintiffs’ challenge to Virginia’s participation with MWAA in operating the Dulles Toll Road is reversed by the Supreme Court of Virginia, which holds that the cited Virginia constitutional provisions ...

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Counterclaim to collection suit filed for an improper purpose – $78,202.50 Verdict (access required)

The plaintiff, Tax Accounting & Payroll Services Inc., (“TAAPS”) performed bookkeeping and accounting services for Loans and Mortgages LLC (“L&M”) for approximately four months under a written contract. L&M failed to pay TAAPS for services rendered under the written contract. ...

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Contract – Real Estate Sale – Statute Of Frauds (access required)

In this dispute over the sale of a 194-acre farm near Smith Mountain Lake, owned by various members of the Moorman family, to a local doctor who was a part-time real estate developer, the trial court erred in finding that ...

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81-year-old breaks hip in nursing home fall – Confidential Settlement (access required)

An 81-year-old female was admitted to a health and rehabilitation center in June 2006 following surgery for a left hip (femur) fracture. No side rails were ordered or utilized for her bed. Several weeks after admission, she fell from her ...

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Criminal – Capital Case – Execution Method – Prison Risk Expert (access required)

A defendant sentenced to death for killing a police officer loses his appeal of his conviction and sentence, as the Virginia Supreme Court rejects defendant’s claims that the trial court erred in declining to appoint an expert to perform a ...

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Criminal – Felonious Escape – Formal Criminal Complaint (access required)

A defendant who led police on a high-speed chase and then ran into a wooded area in a residential neighborhood, and when apprehended by a police officer, kicked and punched the officer who told him he was under arrest, cannot ...

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Criminal – Mandamus – J&DR Court – Deferred Disposition (access required)

In this case in which a Danville Circuit Court judge issued a writ of mandamus to a Danville Juvenile & Domestic Relations Court judge purporting to order the judge not to defer disposition of a misdemeanor charge of contributing to ...

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Doctor on hold (access required)

The family of a woman who sued a radiologist who failed to get word to her regular doctor about a life-threatening medical condition should have a second chance to try their medical-malpractice against him, the Supreme Court of Virginia has ...

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