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Monthly Archives: October 2008

JDR ‘dabblers’ a danger

Beware of “dabbling” in juvenile court, warns Lynchburg lawyer Margaret Nelson. An adjudication of guilt can have “serious collateral consequences” under Virginia law, and too many lawyers come into the juvenile and domestic relations court with no appreciation of that ...

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Negligence – Premises Liability – Wholesale Club – Shooting (access required)

A woman can sue the Wholesale Club where she worked – but not the store manager – for the store’s failure to adequately warn or provide security from her husband who shot her on store property, a Norfolk Circuit Court ...

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Insurance – Breach Of Contract – Bad Faith (access required)

A Charlottesville Circuit Court rejects an insured’s claims of breach of contract and bad faith against defendant health insurance carrier, and dismisses plaintiff’s claims arising from an alleged delay in obtaining coverage for medical imaging of an injury to his ...

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Real Estate – Church Property Transfer – Jurisdiction (access required)

A Charlottesville Circuit Court holds that it can adopt a “neutral principles of law” approach that will allow it to review a transfer of real estate within a Greek Orthodox Church community, without having to examine ecclesiastical policy or doctrine ...

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Consumer Protection – Auto Purchase – Contract Rescission (access required)

A Dodge Durango buyer who agreed to return to the dealership to retrieve the title to the vehicle once his check cleared, but who neglected to do so and whose vehicle was impounded after his temporary registration and tags expired, ...

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Negligence – Auto Accident – Vehicle Value – ‘Totaled’ Car (access required)

A defendant driver of a vehicle that struck plaintiff’s 1985 Alfa Romeo Spider convertible on the driver’s side rear quarter panel is ordered by a Charlottesville Circuit Court to pay plaintiff driver judgment of $3,725, with 10 percent interest, as ...

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Medical Malpractice – Discovery – Medical Committee Privilege (access required)

After in camera review of the disputed documents, a Charlottesville Circuit Court denies plaintiff discovery of the documents that are protected under Va. Code § 8.01-581.17. Virginia Code § 8.01-581.17 provides that the proceedings, minutes, records and reports of any ...

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Criminal – Robbery – Identification – Police Custody (access required)

Although a showup to identify robbery suspects was “impermissibly suggestive,” a Roanoke City Circuit Court will allow the robbery victims’ identification of the suspects. A married couple was robbed in a motel parking lot. Within a short time after the ...

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Search & Seizure – Parked Car – ‘Community Caretaker’ Doctrine (access required)

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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Civil Procedure – Appeals – Contempt (access required)

The Court of Appeals affirms a decision by the trial court finding appellant in contempt for violating prior court orders, as appellant’s opening brief contains no argument, principles of law or authorities related to two of his questions presented. We ...

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