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Monthly Archives: April 2009

Civil Rights – Commerce Clause – Economic Protectionism (access required)

A statute that provides for a coal plant that “utilizes Virginia coal” does not violate the Commerce Clause limitation on state economic protectionism, the Virginia Supreme Court holds. The doctrine of the “dormant” Commerce Clause is intended to prevent the ...

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Contracts – Public Contracts – Delay Damages (access required)

A statute that prevents government bodies from limiting damages in public contracts for delays caused by the government renders void limitations on damages in a public contract for construction work at Virginia Military Institute, the Virginia Supreme Court holds. The ...

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Civil Procedure – Juror Bias – Opinion About Lawyer (access required)

The Virginia Supreme Court holds the circuit court erred in denying a mistrial where a juror indicated that his life experiences caused him to question the reliability of counsel for one of the parties. In opening statements, counsel for the ...

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Municipal – Taxation – Contractor Work Outside of City (access required)

A city cannot impose business taxes on the gross receipts of a contractor for work done in other localities in which the contractor has a definite place of business, despite not being taxed by those other localities, the Virginia Supreme ...

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Insurance – UIM Coverage – Garage Policy (access required)

In this appeal, the Virginia Supreme Court says a circuit court erred in determining that a customer who was injured while test driving an automobile dealership’s motor vehicle was not entitled to underinsured motorist coverage under the automobile dealership’s garage ...

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Criminal – Double Jeopardy – Aggravated Manslaughter – Felony Homicide (access required)

The Virginia Supreme Court holds that separate convictions and punishments for aggravated involuntary manslaughter and felony homicide arising from the same killing did not expose the defendant to double jeopardy. Payne contends that the trial court erred in convicting her ...

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Wills & Trusts – Validity of Wills – Collateral Attack (access required)

The Virginia Supreme Court holds a circuit court properly refused to dismiss an appeal of a clerk’s probate order even though the appealing party was advancing a different will than one she earlier submitted for probate. The children argue that ...

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Criminal – Invited Error – Assault On Officer (access required)

The Virginia Supreme Court, in a four-to-three decision, affirms a defendant’s conviction of assault and battery of a police officer despite being indicted for attempted capital murder of the officer because the defendant invited the error of conviction of a ...

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Administrative – Driver Training – Civil Penalty (access required)

A commercial driver training school was properly penalized by the Department of Motor Vehicles (DMV) for allowing an unlicensed instructor to conduct a driver training class, according to the Virginia Supreme Court. In this appeal we consider whether the Court ...

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