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Monthly Archives: January 2009

Domestic Relations – Equitable Distribution – Military Retirement (access required)

A trial court erred in holding wife’s agreed 50-percent share of husband’s military retirement pay was to begin on his 2005 retirement date, rather than on the 2007 date of the evidentiary hearing in the parties’ equitable distribution proceeding, and ...

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Criminal – Venue – Identity Theft – Reprogrammed Credit Card (access required)

A defendant who used a laptop computer in Arlington to steal a woman’s identity, beginning with unlawfully obtaining her credit card number, including the act of recording and accessing the number and extending beyond his attempted use of the credit ...

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Insurance – Auto Liability – Void Policy – Household Member (access required)

A policyholder who, at the time he applied for auto liability insurance, failed to disclose that a particular person was a licensed driver, over 21 years of age, and a full-time member of the applicant’s household, cannot later obtain coverage ...

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Civil Procedure – Nonsuit – Jury Costs (access required)

A trial court erred in imposing on a plaintiff who nonsuited a personal injury suit the costs of impaneling a jury, the Virginia Supreme Court holds. Plaintiff moved to nonsuit after the trial court denied defendant’s motion to strike the ...

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Criminal – B&E – Intent – Break In Fence (access required)

Although a neighbor of the theft victim saw defendant walking down the street with tools in his arms that he offered to sell the neighbor; the neighbor then observed an opening through the forced removal of fence boards in the ...

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Medical Malpractice – Expert Witness – Standard Of Care – Emergency Room Care (access required)

In this med-mal suit alleging defendant physician negligently failed to admit decedent infant to the hospital when he presented signs of respiratory distress and/or pertussis, the trial court abused its discretion by holding that a pediatric-infectious disease physician who saw ...

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Contract – Continuing Care – Damages (access required)

A continuing care facility for retired military personnel cannot be liable for damages for rescission of the contract for full reimbursement to a retired military couple, based on their claim of damages from a faulty roof that leaked over a ...

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Tort – Tortious Interference – Intent – Consultant – Insurance Claim (access required)

A law firm that allegedly, during its representation of an insurance carrier, disclosed information to a party to a contract with the insurance claimant, that purportedly caused the party to break that contract which eliminated the insurance claim, cannot be ...

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Tort – Defamation – Job Evaluation – Fact/Opinion (access required)

An executive can try her claim that her employer defamed her in statements in a job evaluation that her role in a contract loss “created significant gaps … in her business unit financial performance,” and that her team was “significantly ...

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