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Monthly Archives: September 2008

Negligence – Rescue Doctrine – Amendment To Complaint (access required)

A Richmond Circuit Court denies reconsideration of its earlier refusal to allow plaintiff to amend her complaint to allege willful wanton conduct due to intoxication on the part of defendant, and punitive damages. The parties agree the rescue doctrine is ...

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Corporate – ‘Person’ – Hospital Authority – Guaranty Association (access required)

A hospital authority that had its workers’ compensation coverage through the Virginia Guaranty Association after its comp carrier, Reciprocal of America, became insolvent, is a “person” subject to suit for reimbursement by the Association, a Chesapeake Circuit Court holds. The ...

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Civil Procedure – Default Judgment – Jurisdiction – ‘Doing Business’ (access required)

A Richmond Circuit Court declines to set aside a default judgment in this contract action against a Florida corporation, finding the court had jurisdiction over the corporation under Va. Code 8.01-328.1 based on plaintiff’s evidence that the Florida company conducted ...

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Criminal – Conditional Guilty Plea – Misdemeanor (access required)

On remand from the Supreme Court of Virginia in light of Virginia v. Moore, 128 S.Ct. 1598 (2008), the Virginia Court of Appeals holds that the trial court did not err by denying defendant’s motion to suppress, and defendant’s conviction ...

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Domestic Relations – Adoption – Maternal Grandmother – Fraud (access required)

Although the mother of a 10-year-old boy who has lived with his grandmother since age two contends she withdrew her consent to adoption by the grandmother prior to the grandmother filing a petition for adoption with the mother’s written consent, ...

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Criminal – Felon In Possession – Necessity Defense (access required)

Although defendant said his nephew threatened to return to defendant’s home with a gun, after the two had argued, defendant did not retreat or call the police, but instead retrieved several firearms of his own, and defendant’s claim of “necessity” ...

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Bankruptcy – Automatic Stay Relief – Vehicle Loan (access required)

A bank is granted relief by the Alexandria U.S. Bankruptcy Court from a Chapter 7 debtor’s automatic stay in bankruptcy to allow the bank to repossess a 2007 Chevrolet Tahoe purchased by the debtor several months before she filed her ...

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Bankruptcy – Credit Counseling – Waiver – Job Loss (access required)

An Alexandria U.S. District Court denies debtor’s request for a waiver of the Bankruptcy Code’s requirement of credit counseling prior to filing the Chapter 7 petition, based on debtor’s job loss and anticipated eviction and vehicle repossession. Although debtor’s certification ...

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Bankruptcy – Credit Counseling – Lack Of Income – Waiver (access required)

An Alexandria U.S. Bankruptcy Court denies debtor’s request for deferment of the statutory requirement for credit counseling due to debtor’s current lack of income, which does not constitute a legal basis for waiver of the credit counseling requirement. The Bankruptcy ...

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Bankruptcy – Jurisdiction – Debtor’s Settlement – Fraud Claims (access required)

Although a Norfolk U.S. Bankruptcy Court has jurisdiction to interpret its own order that approved a settlement between plaintiff bank and defendant commercial debtor, a defunct sports merchandise marketer, the court has no subject matter jurisdiction to consider the bank’s ...

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