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Monthly Archives: February 2009

Domestic Relations – Custody – Appeals – Dismissal (access required)

The Court of Appeals dismisses a mother’s appeal of a divorce court’s custody and visitation order, because it is an interlocutory appeal of a matter still before the lower court awaiting a report from a court-appointed therapist who was to ...

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Domestic Relations – Child Support – Adult Disabled Child (access required)

A divorce court had jurisdiction to consider mother’s request for continued support for the parties’ severely disabled 19-year-old child, where the parties’ agreement provided for an extension of support for a disabled child, and the Court of Appeals affirms the ...

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Criminal – Cocaine Distribution – Batson Challenge – Family Member Drug Charges (access required)

Although a prosecutor at defendant’s cocaine trial explained that he struck two African-American jurors because they had family members who had been charged with drug-related offenses, there was no explanation for a failure to strike three similarly situated jurors who ...

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Workers’ Comp – Commissioner Vacancy – Authority – Waiver (access required)

The Workers’ Compensation Commis-sion did not have authority to act on an appeal of a decision awarding claimant benefits because there were only two, not three commissioners, as required by statute, at the time the commission decided the case, and ...

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Criminal – ‘Burglarious Tool’ – Empty Purse (access required)

Although a woman admitted she emptied her large purse in order to conceal in it shoplifted store merchandise, the purse nevertheless was not a “burglarious tool” and her conviction under Va. Code § 18.2-94 is reversed by the en banc ...

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Negligence – Premises Liability – Supermarket Slip & Fall (access required)

A reasonable jury could conclude that Kroger’s produce clerk, while exercising reasonable care, should have seen crushed grapes on the floor, and a Roanoke U.S. District Court denies Kroger’s motion for summary judgment in this suit alleging damages from a ...

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Intellectual Property – Copyright – Discovery – Music Downloading – College Student Identity (access required)

In a record company’s copyright infringement suit against unidentified college students who allegedly illegally downloaded music over the internet, a magistrate judge in the Roanoke U.S. District Court denies Virginia Tech’s motion to quash Rule 45 subpoenas seeking information on ...

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Attorneys – Fraud – Copyright Claim – Building Plans (access required)

An Alexandria U.S. District Court says it has federal-question jurisdiction over this pro se plaintiff’s suit alleging fraud and breach of a fiduciary duty by defendant law firm that handled the underlying copyright infringement litigation by misrepresenting the strength of ...

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Immigration – Naturalization Application – Felony Perjury Conviction (access required)

An Iranian citizen’s request for review of his application for naturalization is denied by an Alexandria U.S. District Court because his 1997 California felony perjury for making false statements under penalty of perjury in an application for a Smog Check ...

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Insurance – UM Coverage – Employer’s Vehicle (access required)

In this p.i. suit arising from a collision between an uninsured motorist and plaintiff, who was driving a vehicle owned by her employer, the plaintiff’s UM coverage for her injured passenger is limited to $70,000 under the employer’s UM policy, ...

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