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Monthly Archives: November 2008

Domestic Relations – Protective Order – Record (access required)

The Court of Appeals upholds a circuit court decision that the effective date of a protective order was Nov. 15, 2006, in light of the record that does not contain a transcript or statement of facts. Although the absence of ...

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Machinist suffers tinnitus from horn blast in shop – $900,000 Verdict (access required)

Plaintiff, a 43-year-old Norfolk Southern machinist, sustained an acoustic injury on April 17, 2006, when a locomotive horn was inadvertently blown inside the Shaffer’s Crossing locomotive repair shop in Roanoke. He sustained an acute hearing loss, pain in both ears ...

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Domestic Relations – Grandparent Custody – Abused/Neglected Child (access required)

On remand from the Supreme Court of Virginia of this case deciding that this court erred in its decision reviewing an award of custody of a toddler to her grandparents, the Court of Appeals now withdraws the opinion previously rendered ...

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Search & Seizure – Auto Passenger – Drug Dog – Vehicle Alert (access required)

An auto passenger’s conviction of heroin possession is affirmed by the Court of Appeals, despite the passenger’s claim he should not have been searched just because a narcotics dog alerted on the vehicle, but not on him in particular. Suffolk ...

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Real Estate – Sales Contract – Property Listing – RICO (access required)

Although a Charlottesville U.S. District Court says it’s a “close question” whether plaintiffs real estate investors have described a pattern of racketeering with their allegations that defendant real estate firm and agents for at least three years engaged in allegedly ...

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Intellectual Property – Criminal Copyright Infringement – Restitution (access required)

In the government’s successful criminal copyright prosecution of defendant as a “high-level member of an Internet piracy organization known as ‘Elite Torrents,’” a Big Stone Gap U.S. District Court finds the government has failed to prove the amount of actual ...

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Criminal – Bank Fraud – Embezzlement – Drug Dealers (access required)

A husband and wife employed by the same company, who embezzled company funds to support their drug habit and to deal drugs on the job, cannot be convicted of bank fraud because the government failed to prove that an insured ...

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Corporate – Revivor Certificate – Attorneys – Rule 11 Sanctions (access required)

Although defendant company, The EDGE Interactive Media Inc., was suspended under California law when it filed its answer and counterclaim in this trademark infringement suit, it later obtained a Certificate of Revivor under California law, which had the effect of ...

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