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Yearly Archives: 2009

Contract – Conditions Precedent – AIA Standard Agreement (access required)

Where the clear language of the parties’ contract creates a condition precedent requiring the submission of claims to the architect before litigation is initiated by the complaining party, a Culpeper Circuit Court dismisses this complaint against defendant Culpeper Memorial Hospital. ...

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Attorneys – Sanctions – Indemnification (access required)

In this litigation arising from a corporate transaction, a Charlottesville Circuit Court denies a motion for sanctions under Va. Code § 8.01-271.1; because the case never went to trial, the court could not determine conclusively whether the entire transaction was ...

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A Kelo for Virginia? (access required)

A Roanoke judge has refused to block the condemnation of a site city officials and Carilion Health System want to use for part of a large medical complex. Roanoke officials might have overreached in their desire to replace a dilapidated ...

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Nursing home can’t compel arbitration (access required)

A Chesapeake nursing home cannot compel arbitration of a comatose patient’s claim that she was sexually molested by a staff member, a Norfolk Circuit judge has ruled, setting the stage for trial of the patient’s $28 million lawsuit. The nursing ...

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Contract – Severance Pay – Arbitration – Award Confirmation (access required)

A terminated employee who sought over $15,000 in severance pay under his employment contract can ask the Norfolk Circuit Court to confirm an arbitration award in his dispute with employer, even though employer contends a Virginia court cannot confirm the ...

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Virginia Beach opts out of state’s online records system (access required)

Looking up court information online remains a hit or miss proposition in Virginia state courts. Virginia Beach Circuit Court now has its own online system, although its older records remain on the Supreme Court of Virginia’s system. Buckingham County dropped ...

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Judge can’t dismiss charge unless given statutory authority to do so (access required)

A trial judge lacks the inherent authority to dismiss a criminal charge on grounds other than the legal or factual merits of the case unless the legislature has authorized such a dismissal, the Virginia Court of Appeals ruled last week. ...

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Civil Procedure – Nursing Home Assault – Venue – Arbitration (access required)

A Norfolk Circuit Court denies a motion to transfer venue to Chesapeake in this suit arising from a sexual assault on a patient at the Chesapeake Health & Rehabilitation Center, as defendant Medical Facilities of America’s management role in Norfolk ...

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