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Monthly Archives: July 2009

Search & Seizure – Assault On Elderly Neighbor – Exigent Circumstances (access required)

A 94-year-old woman who described scratching and biting the man who attacked her and attempted to rape her, and told the responding police that defendant, her neighbor, came to mind as the possible assailant, provided police with probable cause to ...

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Criminal – Forcible Sodomy – Victim’s Mental Incapacity (access required)

Evidence that a 16-year-old girl with an IQ of 46 could not care for herself and needed constant supervision was sufficient to establish her mental incapacity, and defendant’s forcible sodomy conviction under Va. Code § 18.2-67.10(3) is affirmed by the ...

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Civil Procedure – Removal – Remand – Legal Malpractice (access required)

A plaintiff who sues his former attorney for breach of contract for allegedly failing to timely serve defendant in a Title VII suit, and failing to “represent plaintiff with zeal and professionalism,” has his improperly removed suit remanded back to ...

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Negligence – Premises Liability – Hotel Room Desk (access required)

A woman who alleges she was injured when she was using the desk in her hotel room and it pulled away from the wall and fell on top of her, can sue for negligence based on her claim that the ...

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Contract – Limitations – Equitable Estoppel (access required)

In this contract action transferred from the Eastern District, a Roanoke U.S. District Court says plaintiff can go forward with a breach of contract claim for nonpayment for a motor controller, based on plaintiff’s theory that the one-year statute of ...

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Criminal – Habeas – Capital Murder – Guilty Plea – Ineffective Assistance (access required)

A Roanoke U.S. District Court denies post-conviction relief to a woman who pleaded guilty to capital murder for hire of her husband and adult step-son in order to collect insurance money. Weighing the aggravating circumstances surrounding the murders against the ...

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Labor – LMRA – Retiree Health Benefits (access required)

In this suit by retirees from the Volvo plant in Dublin, Va., alleging an illegal unilateral modification of retiree health benefits provided by union contract, a magistrate judge for the Abingdon U.S. District Court recommends denial of defendant manufacturer’s motion ...

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Contract – Limitations – Flow-Down Contract – Brick Veneer (access required)

Applying Virginia’s contract statute of limitations and interpretation of flow down contracts, a Danville U.S. District Court grants summary judgment to defendant masonry subcontractor in this suit by the prime contractor arising from replacement of brick veneer on a local ...

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Civil Procedure – Jurisdiction – State Court Remand – School Board Remand (access required)

A Charlottesville U.S. District Court remands to state court a former school employee’s suit against the school board for alleged violations of her rights that occurred when she was disciplined by school administrators for using the “n-word” at a school ...

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