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Monthly Archives: August 2008

Commercial – Car Dealership – Franchisor Relations – Vehicle Allocation – Damages (access required)

Although plaintiff, a Springfield Toyota dealership, won a default judgment against defendant, who allegedly caused problems between the dealership and Toyota by telling Toyota the dealership’s lease with a family partnership was invalid and threatening to sell the land to ...

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Domestic Relations – Equitable Distribution – Military Wife – Negative Non-monetary Contribution (access required)

A military wife whose conduct “interfered with her husband’s career and delayed his advancement to command” made a “negative non-monetary contribution” to the parties’ marriage, a Fairfax Circuit Court says, but given the parties’ conflicting claims of adultery and each ...

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Domestic Relations – Termination Of Parental Rights – Poverty Discrimination (access required)

The Court of Appeals upholds termination of defendant’s parental rights to three of his children, despite father’s claim that he was being unfairly penalized because of his poverty in violation of his constitutional rights; nothing in the record shows that ...

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Domestic Relations – Termination Of Parental Rights – Due Process (access required)

The Court of Appeals upholds termination of a father’s parental rights to his son under Va. Code § 16.1-283(B), as he only challenged the evidence to support termination under Code § 16.1-283(C)(2). Carr v. Pulaski County Dep’t of Social Servs. ...

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Workers’ Comp – Termination For Cause – Procedural Default (access required)

A school board has defaulted its arguments on appeal that claimant school board employee was terminated for cause, and the Court of Appeals affirms a decision of the Workers’ Compensation Commission awarding benefits to claimant. City of Norfolk School Board ...

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Search & Seizure – Delayed Investigative Detention – Rule 5A:18 (access required)

A defendant’s conviction for possession of a controlled drug is affirmed by the Court of Appeals; although defendant contends on appeal that the delayed investigative detention by police violated his Fourth Amendment rights, in the trial court, he only objected ...

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Criminal – Severance – Theft Charges (access required)

The Court of Appeals upholds defendant’s convictions for grand larceny, statutory burglary and unauthorized use of a motor vehicle, despite his claim that the trial court erred in not granting his pretrial motion to sever the charges for separate trials. ...

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Domestic Relations – Custody – UCCJEA – Jurisdiction (access required)

The Court of Appeals says a Virginia trial court did not lack jurisdiction to award custody of a child to her biological mother, over the objection of her maternal grandparents in Kansas who cared for the child under Letters of ...

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Domestic Relations – Custody – Independent Expert – Therapist Testimony (access required)

Although father contends the trial court should have given more weight to certain recommendations from a mental health professional concerning visitation, the Court of Appeals affirms the decision that included an award of sole legal and primary physical custody of ...

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