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Yearly Archives: 2010

Tort – Civil Conspiracy – Engineering Contract – Agency (access required)

An engineering firm’s unambiguous contract with Meadowbrook, plaintiff Kmart’s landlord, to prepare site engineering documents made the firm the agent of the landlord, and Kmart cannot sue the defendants for civil conspiracy to breach the lease between Kmart and its ...

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Civil Procedure – Sanctions – Nonlawyer – Security Deposit (access required)

A non-lawyer corporate officer who filed a warrant in debt seeking a $3,500 security deposit on space the corporation leased from defendant, and four notices of appeal in this matter, cannot be sanctioned for conduct that occurred in the general ...

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Domestic Relations – Divorce – Spouse’s Dependent Visa (access required)

A Fairfax Circuit Court denies husband’s request for a divorce on the grounds of desertion or a one-year separation, based on his wife’s continued presence in India, because wife contends husband has refused to renew her H-4 Dependent Visa, and ...

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Unemployment Comp – Misconduct – Restaurant Inspections (access required)

A manager of a Pizza Hut who was terminated after his restaurant repeatedly failed health inspections cannot collect unemployment benefits as his termination resulted from misconduct, says a Fairfax Circuit Court. Claimant, despite knowledge that additional inspections were scheduled after ...

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Civil Procedure – Personal Jurisdiction – Va. Long-Arm Statute (access required)

A Virginia plaintiff won a default judgment in his suit against the two daughters of a woman who formerly lived with him, on his civil conspiracy claim alleging the daughters used some of the over $1 million the woman misappropriated ...

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Insurance – Policy Coverage – UM/UIM – Stacking (access required)

A minor who suffered a skull fracture and permanent hearing loss from an auto accident cannot stack UM/UIM coverage from his parents’ auto liability policy on two family vehicles, and a Charlottesville U.S. District Court grants summary judgment to defendant ...

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Corporation – Corporation By Estoppel – Swimming Pool Loan (access required)

Although the Community Youth Center ceased existence in 2000, it continued to function as a corporation, and applying the doctrine of corporation by estoppel, a Greensville County Circuit Court says three corporate officers had the authority to borrow money from ...

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Contract – Real Estate Commission – Brokerage Agreement – ‘Sold’ Property (access required)

Although defendant seller of a parcel in New Kent County alleges its sale of the property occurred after expiration of its “Exclusive Authorization to Sell” contract with plaintiff, a New Kent County Circuit Court overrules the seller’s demurrer to plaintiff’s ...

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Negligence – Funeral Services – Emotional Distress – Economic Loss Doctrine (access required)

Plaintiffs who allege defendant funeral home presented the wrong body at the open-casket funeral planned for their family member, and that plaintiffs had to go to an off-site storage facility to help defendant locate their decedent, still dressed in hospital ...

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