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Monthly Archives: March 2009

Negligence – Home Construction – Mold – Remittitur (access required)

Homeowners who alleged illness from mold and won a jury verdict of $4.75 million have their award reduced or set aside by the trial court for a total recovery of $1.45 million by a Loudoun County Circuit Court. The court ...

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Contract – Bad Check Claim – Summary Judgment Motion (access required)

Although a Loudoun County Circuit Court previously determined that plaintiff electrical company is entitled to recover on a breach of contract claim against defendant, it denies plaintiff summary judgment on its claims for issuance of bad checks. The issue of ...

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Municipal – Water Rates – Town Residents (access required)

A Loudoun County Circuit Court enjoins the Town of Leesburg from enforcing a 100-percent surcharge to residents who live out of town, over in-town residents, for water and sewer service; but under the “voluntary payment” doctrine, plaintiffs are not entitled ...

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Criminal – Aggravated Sexual Battery – Confrontation Clause (access required)

Although defendant contends the trial court violated his Sixth Amendment rights by limiting his cross-examination of the 11-year-old female victim on details about how defendant’s penis looked, and the Court of Appeals affirms defendant’s conviction for aggravated sexual battery because ...

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Criminal – Marijuana Possession – Chain Of Custody (access required)

The Court of Appeals upholds defendant’s conviction for marijuana possession with intent to distribute in violation of Va. Code § 18.2-248.1(a)(3), despite his claim there was a break in the chain of custody for the drugs delivered through FedEx because ...

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Criminal – Abduction – Home Invasion (access required)

On rehearing en banc, the Court of Appeals upholds a defendant’s conviction of “abduction” of an infant from one room to another during a home invasion. Defendant argues the evidence was insufficient to support his conviction for abduction because the ...

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Criminal – Misuse Of SSN – Restitution (access required)

A defendant convicted of misuse of a social security number to take out loans totaling over $5,000 must make full restitution to the loan company, an Abingdon U.S. District Court holds. Although there appears to be a conflict between 18 ...

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Criminal – Miranda Rights – Waiver – Spanish-Speaking Agent (access required)

A magistrate judge recommends that the Abingdon U.S. District Court deny defendants’ motion to suppress cocaine and firearms, as the Spanish-speaking defendants received their Miranda warnings from a DEA agent who spoke Spanish and had worked for the DEA in ...

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