Domestic Relations – Property Split – Marital Home – Classification 
By Deborah Elkins
Published: June 30, 2008
Although wife made an $8,000 down payment and titled a residence in her name, the parties intended to live there together after reconciliation, husband made over $30,000 in mortgage payments and extensive repairs to the property, and the trial court did not err in classifying the property as marital property, the Court of Appeals says.
As [...]
Criminal – Cocaine – Intent To Distribute – Police Expert
By Deborah Elkins
Published: June 30, 2008
A detective who qualified as an expert on drug packaging said it was “very unique,” “very rare” and “not normal” for a personal user of drugs to possess heroin, methadone and cocaine at the same time, and there was sufficient evidence that defendant possessed the drugs with the intent to distribute them, and the Court [...]
Property owners’ group law at issue in Assembly, court
By Peter Vieth
Published: June 30, 2008
With fast-track legislation at the state Capitol intended to provide a quick fix for concerns in one Virginia community, and claims of racketeering going to trial in another, the Virginia Property Owners’ Association Act remains a lightning rod for controversy and litigation.
Sen. Jill H. Vogel, R-Warrenton, last week won quick Senate approval for proposed amendments [...]
Mandatory coverage debate is still going
By Alan Cooper
Published: June 30, 2008
The Virginia State Bar has been kicking the mandatory legal malpractice can down the road for three years, as one VSB Council member put it, and that was enough for some council members.
They attempted to boot the concept to the side of the road at its meeting in Virginia Beach on June 19, but council [...]
Workers’ Comp – Injury By Accident – Credibility – Tree Trimmer
By Deborah Elkins
Published: June 30, 2008
Although claimant’s employer/companion on a tree trimming operation testified claimant said he and his girlfriend were having problems and she was going to leave him, and he deliberately used his chainsaw to cut his rope in half so he fell to the ground, the commission excluded employer’s testimony because it failed to give notice of [...]
Domestic Relations – PSA – No-Appeal Clause
By Deborah Elkins
Published: June 30, 2008
Although wife won reformation of the parties’ property settlement agreement to require husband to pay for her health insurance, the Virginia Court of Appeals, in a case of first impression, upholds the “no appeal” provision in the PSA so that wife may not appeal the trial court’s refusal to award her damages and attorney’s fees.
Husband, [...]
Civil Rights – Employment – First Amendment – City Employee Discharge
By Deborah Elkins
Published: June 30, 2008
The former chief deputy to the treasurer for the City of Falls Church has his suit alleging he was terminated in violation of his First Amendment rights dismissed by an Alexandria U.S. District Court because the defendant treasurer is entitled to qualified immunity.
Plaintiff was terminated from his position when defendant was elected treasurer in 2006, [...]
Capsalis to emphasize protection, diversity
By Alan Cooper
Published: June 30, 2008
Manuel A. Capsalis says he wants to emphasize public protection and diversity during his year as Virginia State Bar president.
Public protection is “the very core of our mission,” he said, and “the rule of law and diversity are inextricably linked. Without diversity, there is a very strong perception that the rule of law means different [...]
Contract – Breach Of Warranty – Ship Repair – Redelivery Damage
By Deborah Elkins
Published: June 30, 2008
The owners of a ship that allegedly was damaged when it became stranded on a railway as defendant shipyard was redelivering it into the water after making repairs can sue the shipyard for breach of a warranty of workmanlike performance and for negligence, a Norfolk U.S. District Court holds.
Defendant shipyard and plaintiff ACCL entered into [...]
Contract – Government Contractor – Competitor Activity – Emergency TRO
By Deborah Elkins
Published: June 30, 2008
A government contractor that has worked with defendant company to provide intelligence support to the U.S. military in Iraq and Afghanistan wins a temporary restraining order from the Alexandria U.S. District Court to require defendant, who is about to be acquired by one of plaintiff company’s primary competitors, to honor its contract with plaintiff company [...]
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