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Monthly Archives: June 2009

Contract – Breach Of Warranty – Condo Parking Spaces (access required)

A Fairfax Circuit Court sustains Bank of America’s demurrer to a breach of warranty claim filed by two plaintiffs who say they own two condominium parking spaces conveyed to them by Bank of America by special warranty deed, but claimed ...

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Contract – Privacy software – Test Period (access required)

A Georgia corporation that subcontracts its internet privacy software development to engineers and programmers in India, and had a contract with a Virginia business to develop software to help customers comply with federal internet privacy laws, wins its breach of ...

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Civil Procedure – Severance – Multiple Claimant Act – Inverse Condemnation (access required)

In this litigation by 136 plaintiffs who filed jointly an inverse condemnation proceeding against Fairfax County and the Virginia Department of Transportation, the Fairfax Circuit Court says it is not empowered under the Multiple Claimant Litigation Act, as a threshold ...

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Administrative – Auto Dealership – Franchise Act – Attorney’s Fees (access required)

Although a Springfield GM dealer spent over $600,000 to fight GM’s 2006 decision to allow another GM dealer to move into the Springfield dealer’s market, before GM changed its mind and the Springfield dealer’s administrative challenge was dismissed as moot, ...

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Domestic Relations – DCSE Order – Attorney’s Fees (access required)

A husband’s appeal of child support and attorney fee awards is procedurally barred because he failed to comply with Rule 5A:20(e), and the Court of Appeals summarily affirms the trial court decision. The parties divorced Sept. 17, 2003. Since that ...

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Criminal – Heroin – Constructive Possession – Auto Search (access required)

Although an officer who ordered defendant passenger out of the car and discovered, three to four inches beneath a woman’s t-shirt between the center console and the passenger seat, where defendant had been resting his hand, a baggie with 20 ...

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Criminal – Distributing Obscene Material – Nude Pictures (access required)

A defendant who mailed to a Norfolk female tv anchor 15 pictures of himself in various stages of undress, including full frontal nudity, with an invitation to contact him if she liked what she saw in the pictures, has his ...

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Domestic Relations – Termination Of Parental Rights – Sufficiency (access required)

Although a mother contends the evidence was insufficient to support termination of her parental rights to her two children pursuant to Va. Code § 16.1-283(B), she does not challenge termination pursuant to Code § 16.1-283(C)(2), the only ground under which ...

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Criminal – Brady Claim – Wife’s Testimony (access required)

Although defendant claims the commonwealth violated Brady v. Maryland when it failed to disclose material impeachment evidence in the form of the circumstances surrounding an obstruction of justice charge against defendant’s wife after he was suspected of raping and stabbing ...

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Criminal – Chain Of Custody – Cocaine (access required)

Although there were some apparent discrepancies between the arresting officer’s description of the “evidence bag containing baggie with six off-white rocks” sent to the lab, and the one “small ziplock plastic bag” with “four knotted plastic bags” with an off-white ...

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