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Yearly Archives: 2009

Administrative – Public Employment – Grievance Procedure – Prison Guard  (access required)

The Court of Appeals reverses a trial court decision reinstating a prison guard with back pay, and remands with directions to affirm a hearing officer’s decision that upheld termination of the guard for his actions in restraining a handcuffed and ...

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Looking Back at 2009: Top News Stories  (access required)

The turmoil that resulted from the U.S. Supreme Court decision in Melendez-Diaz v. Massachusetts was the top legal story in Virginia in 2009. The 5-4 decision in June required a special session of the General Assembly and continues to vex ...

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Administrative – Petition For Appeal – Standing – Stormwater Outfall Project  (access required)

A circuit court erred in dismissing an appeal filed by 22 citizens from a decision by the Virginia Marine Resources Commission on the ground that the citizens’ petition for appeal did not contain allegations sufficient to demonstrate they have legal ...

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Domestic Relations – Equitable Distribution – Hybrid Property (access required)

In this divorce case in which the Navy Seal husband bought a Rhode Island home with no down payment and made five mortgage payments before the parties married and made payments from marital funds, the trial court, in classifying the ...

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Contract – Marketing Agreement – Swedish Agent’s Commission (access required)

A Swedish engineering consultant and his firm can amend their complaint against a Virginia company, Base-X, and one of its employees, which alleges Base-X failed to renegotiate a commission as required under a Marketing Agreement plaintiff had to help Base-X ...

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Civil Rights – Right To Counsel – Qualified Immunity  (access required)

After allowing trial on a 42 U.S.C. § 1983 claim that a former criminal defendant whose state-court rape conviction was reversed because defendant officers violated his right to counsel by having a female officer surreptitiously record uncounseled conversations with him ...

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