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Monthly Archives: January 2009

Nine seek a seat on Appeals Court (access required)

Circuit Judges Burke F. McCahill of Leesburg and John E. Wetsel Jr. of Winchester are among a group of nine candidates who have told the Virginia State Bar that they are interested in a seat on the Virginia Court of ...

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Customer wins $1M in suit against Web developer (access required)

The disappointed customer of a Web site developer won a $1 million verdict last month in the first case decided under the Virginia Uniform Computer Information Transactions Act. An Alexandria Circuit Court jury on Dec. 17 awarded $1,138,500 to Blue ...

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Domestic Relations – Child Support – DCSE Petition – Nonsuit (access required)

A Roanoke City Circuit Court grants a nonsuit to the Division of Child Support Enforcement in this action for child support, even though respondent father says the case had been submitted to the court for decision when the court indicated ...

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Real Estate – Episcopal Church Property – Breakaway Congregations (access required)

A Fairfax Circuit Court issues additional rulings favoring congregations in Northern Virginia that seek to split from the mainline Episcopal Church, taking church property with them. This letter opinion resolves the eight remaining issues related to the petitions filed under ...

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Criminal – Impeachment – Prior Silence (access required)

Where a detective testified that the defendant declined to be interviewed after his arrest, and where the record fails to show the defendant’s silence was in response to any Miranda warnings, the evidence is admissible to suggest that the defendant’s ...

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Criminal – Evidence – Confrontation Clause – Victim’s Affidavit (access required)

The Court of Appeals rejects the trial court’s application of the forfeiture-by-wrongdoing doctrine and holds that admission of a murder victim’s affidavit about the defendant husband’s past violent behavior was constitutional error. The court holds that the admission of the ...

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Criminal – Search & Seizure – Fourth Amendment – Stop and Frisk (access required)

A police officer lacked sufficient facts to support a reasonable suspicion that the defendant was engaged in criminal activity where the defendant walked briskly away clutching his right side when an officer approached him in a “high crime area” at ...

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Employment – ERISA – Group Health Insurance – Brain Hemorrhage (access required)

The estate of a former employee of Commercial Glass & Plastics Inc. that is seeking coverage for a hospital stay to treat the employee’s intracerebral hemorrhage, has its suit alleging ERISA violations dismissed by a Lynchburg U.S. District Court. Plaintiff ...

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Employment – ERISA – COBRA – Retired Hospital Employees (access required)

Retired employees of a hospital that later sold its assets to a successor can the hospital successor holding company for COBRA violations, but their claims for ERISA violations are time-barred, a Roanoke U.S. District Court holds. The hospital on May ...

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