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Yearly Archives: 2009

Municipal – Virginia FOIA – ‘Personnel Files’ (access required)

A Radford Circuit Court orders the city of Radford to produce to the Roanoke Times additional information from a city employee’s FOIA requests, which the city has maintained can be redacted under the statutory exemption for “personnel records.” The Roanoke ...

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Criminal – IFP Application – Halfway House Placement – Counsel Request (access required)

A Virginia inmate eligible for discretionary parole in September 2010, who seeks “halfway house” placement and has assets of only $1.01, is granted in forma pauperis status but denied appointment of counsel by a Fairfax Circuit Court. The constitutional requirement ...

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Creditor’s Rights – Foreign Judgment – Personal Jurisdiction (access required)

Where a Virginia judgment debtor’s contacts with California were limited to placing orders from Virginia for merchandise to be shipped from California to Virginia, a California court did not have personal jurisdiction over the Virginia debtor, and a Fairfax Circuit ...

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Medical Malpractice – Subpoena – Attorney-Client Privilege (access required)

A med-mal plaintiff cannot have documents from the physician-president of defendant doctor’s current practice group that are protected by the work-product doctrine, including e-mail communications between the president, defendant and defendant’s lawyer, but plaintiff may subpoena materials not covered by ...

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Corporate – ‘True’ Directors – Bylaws Amendment (access required)

In this equitable action for declaratory judgment to determine the “true board” of a non-profit corporation, The Seniors Coalition Inc., a Fairfax Circuit Court holds that an attempt to change the composition of the board of directors without statutory authority ...

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Insurance – Homeowners – Electrical Wiring Damage – ‘Amount Of Loss’ (access required)

Plaintiff homeowners say it will cost $439,000 to repair covered electrical wiring damage from a power surge in their home, but their homeowners’ carrier says they can do the repairs for $60,000; construing the phrase “amount of loss” as a ...

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Workers’ Comp – Comp Bar – Auto Accident – Employee Death (access required)

The Workers’ Compensation Commission had no jurisdiction to decide that an employee’s death in an auto accident arose out of his employment; because the employee died and had no beneficiaries, the commission had no jurisdiction in the matter and the ...

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