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Monthly Archives: April 2009

Municipal – Water Service – Antitrust Claim – State Action Doctrine (access required)

The Fairfax County Water Authority can sue the city of Falls Church under the Virginia Antitrust Act, and for tortious interference, for allegedly forcing a developer who wants to move water lines to reconnect to city water service, instead of ...

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Wills & Trusts – Guardianship – Life Insurance Proceeds (access required)

A mother who became guardian of $230,000 in life insurance proceeds for her daughter after the child’s father died must reimburse her daughter’s fund for $93,626.86 the mother took in unauthorized loans from the guardianship estate, a Loudoun County Circuit ...

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Civil Procedure – Discovery – Expert Witness Designation – Sanctions (access required)

A Loudoun County Circuit Court will not sanction defendant for filing a motion to strike plaintiff’s expert witness designation without first complying with Rule 4:15’s requirements to confer and certify, but the court will sanction defendant with $420 in attorney’s ...

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Insurance – Med Payments – Assignment – Auto Accident (access required)

Defendant insurance carrier did not breach the med-pay clause of an auto liability policy by directly paying a hospital to whom a p.i. plaintiff assigned her benefits, even though plaintiff’s lawyer instructed the carrier that no med pay benefits were ...

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Traffic Offenses – DUI – Witness Subpoena – Nolle Prosequi (access required)

A Charlottesville Circuit Court denies a prosecutor’s request that it reconsider its denial of a continuance in this DUI prosecution because the commonwealth inadvertently failed to subpoena the arresting officer to appear at a hearing on defendant’s motion to suppress, ...

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Contract – Limitations – Web Site Development – E-Mail Exchange (access required)

Although plaintiffs and the Web site developer they hired exchanged e-mails about the progress of the project and payment schedule, this correspondence did not extend the time for accrual of plaintiffs’ contract action, and the Charlottesville Circuit Court holds that ...

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Negligence – Charitable Immunity – Disabled Adult Daycare – Broken Leg (access required)

A Prince William County Circuit Court says a non-stock corporation organized to provide care for mentally retarded and disabled persons has charitable immunity from a negligence action filed by a 25-year old mentally retarded client with cerebral palsy, who suffered ...

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Administrative – VMRC Action – Crab Dredging Prohibition (access required)

A Norfolk Circuit Court holds that Va. Code § 28.2-707 gives the Virginia Marine Resource Commission the authority to close any individual one of the annually occurring crab-dredging seasons; however, the court sets aside the portion of the regulation that ...

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Criminal – Felon In Possession – Primer Residue (access required)

Firearm primer residue found on defendant’s hand, together with other evidence, sufficed to support his conviction for possession of a firearm as a convicted felon, the Court of Appeals holds. A rational fact finder could conclude beyond a reasonable doubt ...

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