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Monthly Archives: August 2008

Domestic Relations – Equitable Distribution – Installment Payment (access required)

Although husband was entitled to an automatic stay when he filed a bankruptcy petition, the divorce court, in enforcing husband’s obligation to pay wife installment payments of the monetary award owed by husband, did not take any action that affected ...

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Domestic Relations – Post-Nuptial Agreement – Spousal Support – Permanent Separation (access required)

Although the parties separated within the marital home in August 2005 with the intention to permanently separate, they did not accomplish that permanent separation until September 2005, and under their post-nuptial agreement (PNA), husband did not owe wife support until ...

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Domestic Relations – Custody – Grandmother Petition – Rule 5A:18 (access required)

A grandmother’s general objection to a primary physical custody award of her minor daughter’s infant to the proposed adoptive mother was not sufficient to preserve other issues the grandmother seeks to raise on appeal, according to the Court of Appeals. ...

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Criminal – ‘Actual Innocence’ Writ – Certificate Of Analysis – ‘Firearm’ Definition (access required)

The Court of Appeals grants a writ of actual innocence and vacates a defendant’s conviction of firearm possession as a convicted felon, because an after-discovered certificate of the Department of Forensic Science demonstrated that the item tested was not a ...

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Domestic Relations – Custody – UCCJEA – ‘Home State’ Jurisdiction (access required)

A circuit court did not err in ruling that it was not an “inconvenient forum” under the Uniform Child Custody & Jurisdiction Enforcement Act to determine custody and visitation over three children who had lived in Virginia but whose mother ...

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Consumer Protection – ‘Lemon Law’ – RV Motor Home (access required)

A buyer’s breach of warranty claim under Virginia’s “Lemon Law” alleging defects in its Four Winds motor home can go forward against defendant manufacturer because the Big Stone Gap U.S. District Court cannot determine at this time whether the claim ...

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Visiting girl bitten in home of neighbor – $125,000 Settlement (access required)

Mary Adkins was visiting a next door neighbor on Aug. 15, 2007, when she was attacked by the neighbor’s dog. Adkins, who was in the neighbor’s house, was 12 years old at the time of her injury. She had been ...

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Real Estate – Nuisance – Gasoline Spill (access required)

Landowners whose well water is being monitored by the Department of Environmental Quality after a 2002 spill of 8,000 gallons of gasoline from a Sheetz Inc. tanker truck have stated a claim for nuisance, a Charlottesville U.S. District Court holds, ...

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Warehouse worker found to be statutory employee – Defense Verdict (access required)

Plaintiff was loading coffee into a tractor-trailer at a warehouse in Chesapeake. The defendant tractor-trailer driver stated that he was told that he was good to go and pulled away from the loading dock just as the plaintiff was driving ...

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