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Monthly Archives: September 2008

Domestic Relations – Attorney’s Fees – PSA (access required)

Where the parties’ PSA provides for attorney’s fees for the spouse who substantially prevails in a dispute over an alleged breach of the agreement, a Fairfax Circuit Court awards wife $7,000 in attorney’s fees for resolution in her favor of ...

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Employment – Unemployment Comp – Good Cause – Location Change (access required)

A truck driver did not show good cause for his departure from his job with an excavating company after nearly 10 years when he elected to take a lay-off rather than transfer to another location, and a Fairfax Circuit Court ...

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Domestic Relations – Spousal Support – JDR Consent Order (access required)

A wife who agreed to a consent order to resolve her spousal support petition in JDR court cannot request a different sum for spousal support when husband files a complaint for divorce in the circuit court, a Salem Circuit Court ...

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Criminal – Dogfighting Indictment – Sufficiency (access required)

A defendant convicted of violation of Virginia’s dogfighting statute, Va. Code § 3.1-796.124, has waited too long – 16 months after conviction – to mount a challenge to his indictment, a Chesapeake Circuit Court rules; also, the commonwealth was not ...

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Search & Seizure – Parked Car – ‘Community Caretaker’ Doctrine

Even if an officer “seized” defendant by tapping on the window of his parked car at 4:30 a.m., there was no basis to suspect criminal activity or a need for police assistance, and a Roanoke County Circuit Court suppresses methamphetamine ...

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Workers’ Comp – Third-Party Action – Consent To Settle (access required)

A Newport News Circuit Court denies a carrier’s motion for approval of a third-party action filed pursuant to Va. Code § 65.2-309, where the employee has not responded to the attempt to settle the third-party action; Code § 8.01-424.1 does ...

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Criminal – Larceny From Person – Identification (access required)

An in-court identification provided by the victim who struggled with the man who stole his bag of cash is admissible, the Court of Appeals says, even though the identification of defendant from a photograph came after police told the victim ...

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Domestic Relations – Appeals – Legal Authority (access required)

The Court of Appeals dismisses wife’s appeal challenging the divorce court’s equitable distribution award, for failure to present legal authority in support of her assignments of error. Wife contends the trial court erred by awarding her credit for only a ...

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Criminal – Voluntariness Of Statements – Police Interview (access required)

A Roanoke U.S. District Court denies suppression of defendant’s statements to police during an interview after his initial indictment, when defendant scoffed at the small quantity of crack cocaine alleged in the indictment and told police he had engaged in ...

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Tort – Business Tort – Legal Malpractice – Conflict Of Interest (access required)

A Roanoke U.S. District Court dismisses an oil company’s $25 million legal malpractice and tortious interference suit against the West Virginia law firm that represented the oil company in an effort to buy oil and gas wells in Kentucky, and ...

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