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Monthly Archives: August 2009

Civil Procedure – Recoupment – Jury Verdict Form (access required)

In a lawsuit against a construction company, a Loudoun County Circuit Court will enter a final order based on the jury verdict form provided by plaintiffs, which requires entry of judgment as to each separate claim. The verdict form was ...

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Civil Procedure – Judge – Disqualification – Partial Waiver (access required)

Because a Loudoun County Circuit Court judge who disqualified himself in this case has not received waivers of that disqualification from all parties, the judge must declare himself disqualified in this matter, even though the case already has been tried. ...

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Tort – Conversion – Insurance Proceeds – Investment (access required)

A widow who invested $25,000 in life insurance benefits with defendant, who allegedly promised her an annual return of at least 14 percent but failed to return any money to her, can sue for conversion, a Fairfax Circuit Court holds. ...

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Criminal – Appeal Right – Instruction To Lawyer (access required)

A habeas petitioner was not denied a right of appeal, as he did not prove that he had timely instructed his lawyer to note an appeal, a Roanoke City Circuit Court says. Petitioner was convicted in a bench trial of ...

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Contract – Mechanic’s Lien – Work Description (access required)

A property owner can’t get an engineering firm’s mechanic’s lien released because of an alleged faulty description of the work performed in the memorandum, in that it omitted “surveying” work; a Fairfax Circuit Court denies the owner’s motion to release ...

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Negligence – Nonsuit – Limitations – Ad Damnum (access required)

A plaintiff who initially sued for $325,000 in damages for alleged injuries during wheelchair transport in a mobile lounge at Dulles Airport, but asked for $500,000 when she refiled, did not “recommence” the same suit under the nonsuit statute, says ...

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Criminal – Attempted Murder – Arraignment & Plea (access required)

The Court of Appeals says a defendant charged with murder and attempted murder in a hold-up of two cousins cannot overturn his attempted murder conviction with a claim that the conviction is void because he was never arraigned and never ...

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