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Monthly Archives: September 2008

Contract – UCC – Statute Of Frauds – Flooring Installation (access required)

A flooring company, Michael’s Carpet World, did not have an enforceable oral contract with defendant Delta Star, for the installation of flooring in the office of defendant’s CEO, and the Virginia Supreme Court reverses the judgment for Michael’s and enters ...

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Constructive Fraud – Emotional Distress – Supermarket Suppliers (access required)

Tort A Richmond grocer‘s $16 million jury verdict against the country’s third-largest grocery supplier for constructive fraud and emotional distress is reversed by the Supreme Court of Virginia. Plaintiff grocer sued SuperValu Inc., a grocers wholesaler and retailer, and it ...

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Real Estate – Tax Assessment – Lots Or Parcel (access required)

In this appeal of numerous applications for relief from allegedly erroneous assessment of real property taxes on a 2,500-acre parcel in Goochland County, the Supreme Court of Virginia says the circuit court erred by holding that, in order for the ...

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Constitutional – First Amendment – Anti-Spam Statute (access required)

Virginia’s “anti-spam” law, Va. Code § 18.2-152.3:1, is unconstitutionally overbroad on its face because it prohibits the anonymous transmission of all unsolicited bulk e-mails including those containing political, religious or other speech protected by the First Amendment, the Virginia Supreme ...

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Municipal – Annexation Agreement – Town Growth Plan (access required)

In this dispute over operation of an annexation agreement between Loudoun County and the Town of Purcellville and the parties’ joint comprehensive plan, and over construction of a high school in an area subject to the joint plan, the Supreme ...

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Criminal – Detainers – IAD – ‘Anti-Shuttling’ Provision (access required)

An Abingdon U.S. District Court accepts a magistrate judge’s recommendation to dismiss a federal drug charge against a defendant because his transfer between state and federal court violated the “anti-shuttling” provision of the Interstate Agreement on Detainers, but the dismissal ...

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Civil Rights – Weapon Seizure – Privacy Rights – SSN (access required)

A Norfolk U.S. District Court dismisses a civil rights claim filed by a man who protested his seizure at the Norfolk Harborfest 2007 for carrying a holstered handgun in violation of a local Norfolk ordinance, but the court denies the ...

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Real Estate – Seized Property – Judgment Order Reference (access required)

An Alexandria U.S. District Court denies a drug defendant’s motion for return of seized property, including an Alexandria residence and additional personal property seized from the home during execution of a search warrant for drug. Defendant was indicted in 2002 ...

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