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Monthly Archives: September 2009

Supreme Court to rehear case setting duty to teenage guest (access required)

The Supreme Court of Virginia has withdrawn its opinion declaring a common law duty for host parents to “supervise and care” for a teenage guest. The court granted rehearing of the controversial case in a Sept. 16 order. The court’s ...

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AG candidates get focused

The two men vying for Virginia attorney general were in Charlottesville recently, promoting their campaigns. Del. Steve Shannon, the Democratic nominee, appeared at C’ville Coffee this past Friday, along with Gov. Timothy M. Kaine, reports The Daily Progress. If elected, ...

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Search & Seizure – Drug Dog – Particularized Suspicion (access required)

A drug dog’s alert on a vehicle, and the fact that an officer’s search of the other three occupants of the vehicle yielded no drugs, did not together provide particularized suspicion to search defendant, a fourth occupant of the vehicle, ...

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YouTube offers a law firm marketing opportunity

You can’t get very far into the Internet without encountering a video clip from YouTube. Whether embedded into your favorite blogs and Web sites, included among your search engine results, posted on your friends’ and colleagues’ social media profiles or ...

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Real Estate – Co-Tenant Expenses – Subdivision Plan – Unclean Hands (access required)

In this dispute over expenses for a subdivision plan for a family farm, the Virginia Supreme Court upholds a trial court decision that required one sister of the four siblings to pay her co-tenant share of expenses for a subdivision ...

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High-low arbitration used to determine damages – $75,000 Arbitration Award (access required)

On May 16, 2008, the plaintiff was in a residential neighborhood, traveling west on Fitzgerald Drive in Loudoun County. The defendant, who was traveling north on Hemingway Drive, ran the stop sign and crashed into the side of the plaintiff’s ...

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Civil Procedure – Nonsuit – Real Estate – Delinquent Tax Sale (access required)

Although the city of Suffolk nonsuited a 1995 complaint to sell the subject property for delinquent taxes, and then nonsuited a 2006 suit to satisfy back taxes on the same parcel, that named additional defendants, the 2006 nonsuit was not ...

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Rear-end collision in Orange causes permanent disability – $850,000 Verdict (access required)

This was an admitted liability trial in which the plaintiff, a 52-year-old woman, was a passenger in a subcompact car struck from behind at approximately 50 mph by defendant’s pickup truck. Plaintiff was hospitalized at the University of Virginia Medical ...

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Wills & Trusts – Forfeiture Clause – Trust As Beneficiary (access required)

On a matter of first impression, the Supreme Court of Virginia applies to a no-contest clause in a trust that is part of a testamentary estate plan, the same principles the court uses for a no-contest clause in a will, ...

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Environmental – Highway Construction – I-73 Project (access required)

In this challenge by plaintiff groups to defendant state and federal transportation officials’ approval of the “I-73 Project,” a 72-mile freeway between I-81 near Roanoke and the Virginia/North Carolina border, a Roanoke U.S. District Court upholds the agency action as ...

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