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Monthly Archives: March 2009

Corporate – LLC Manager – Fiduciary Breach (access required)

A member of a real estate developer LLC does not have standing to bring a direct action against the manager of that LLC for an alleged breach of fiduciary duty to the individual member; the Supreme Court says such an ...

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Neglect alleged in injury to elderly patient – $400,000 Settlement (access required)

A 91-year-old patient of a nursing home was allowed to develop a pressure ulcer on her sacrum. The pressure ulcer deteriorated, and she died three-and-one-half months later. On admission to the nursing home, the patient did not have any pressure ...

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Criminal – Transactional Immunity – Voluntary Testimony (access required)

A defendant who was arrested with his passenger for having between 15 and 16 pounds of marijuana in his car, and who agreed to plead guilty to possession with intent to distribute and to testify at his passenger’s preliminary hearing ...

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Real Estate – Riparian Rights – Wharf Construction (access required)

A 1925 circuit court order that granted to a specified person the “right and privilege” to erect a wharf did not convey riparian rights to the recipient’s successors in interest, and the Supreme Court reverses the trial court’s decision to ...

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Corporate – LLC – Managing Member – Fiduciary Duty – Creditor (access required)

A managing member of an LLC that developed a condominium project in Northern Virginia did not breach a fiduciary duty, assuming he owed one, to a unit owners’ association as a potential statutory warranty claimant, because the manager had not ...

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35 years, $23 million: Virginia Law Foundation celebrates milestone (access required)

Thirty-five years after its founding, the Virginia Law Foundation has never accomplished its original goal. Regardless, those associated with the organization point with pride to a legacy of beneficial projects financed over the years by $23 million in grant money ...

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11 judgeships remain open (access required)

The judicial system has 11 vacancies to be filled after the General Assembly re-appointed or elected 24 judges as its last act of the 2009 session. Gov. Timothy M. Kaine is expected to fill one circuit court seat by appointing ...

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Oval and out: ‘OBX’ can’t be trademarked (access required)

Entrepreneur James Douglas was a victim of his own success. He was the clever fellow who coined the abbreviation “OBX” for the Outer Banks in North Carolina. Inspired by European automobile stickers that identified country of origin, Douglas designed oval ...

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