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Monthly Archives: October 2008

Domestic Relations – Equitable Distribution – Marital Home (access required)

The Court of Appeals declines to hear the majority of husband’s 32 questions presented in his appeal brief challenging the divorce court’s equitable distribution award, which recognized wife’s funds were used to construct the marital home, to which husband contributed ...

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Biker injures right leg in logging truck wreck – $295,000 Settlement (access required)

On Oct. 24, 2003, the 48-year-old plaintiff, Otis Lancaster, was operating a motorcycle westbound on a two lane highway in Spotsylvania County when defendant Hogge, who was driving a logging truck, pulled out from a construction site and onto the ...

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Domestic Relations – Contempt – Lump-Sum Payment (access required)

A divorce court did not err in holding husband in contempt and imposing a 12-month jail sentence for failure to pay wife a $25,000 lump-sum payment, despite husband’s claim that the final divorce decree set no time limit for making ...

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Domestic Relations – Custody – Statutory Factors (access required)

Contrary to a mother’s assertion, a divorce court was not required to state how much weight it gave each of the statutory factors to determine child custody under Va. Code § 20-124.3, and the Court of Appeals upholds the grant ...

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Criminal – Car Theft – Intent (access required)

A man who took his pregnant girlfriend’s car after she fled from him when he threatened to kill her, then kill himself, had the necessary intent to be convicted of grand larceny of a vehicle and his conviction under Va. ...

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Truck turns left in front of car with green light – $282,500 Settlement (access required)

On Aug. 19, 2005, the 67-year-old plaintiff, Kenneth Woltz, was traveling eastbound on Route 218 and passing through an intersection on a green light when a Ford F-350, traveling westbound, turned left in front of plaintiff’s vehicle striking it head-on. ...

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Environmental – Surface Mining Permit – Injunction (access required)

A preliminary injunction halting logging activities on a tract of land should be vacated, recommends a magistrate judge in the Abingdon U.S. District Court, and the court should decline to issue a permanent injunction to prevent logging under standards that ...

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Contract – Government – Qui Tam Action – OxyContin (access required)

In this qui tam action against Purdue Pharma LP, an Abingdon U.S. District Court dismisses plaintiff’s complaint for failure to plead fraud with particularity as required by Fed. R. Civ. P. 9(b); the relator’s allegations that defendant misrepresented to physicians ...

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Insurance – Surety Bond – Construction Project – Indemnity (access required)

An Alexandria U.S. District Court grants summary judgment to plaintiff surety company on its claim for defendants’ breach of an agreement in two applications for bonds on a construction project to indemnify the surety for payments on the project. Plaintiff ...

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