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Monthly Archives: March 2010

Administrative – Franchise Act – VW Passats & Beetles – Commerce Clause (access required)

As in its earlier decision in this dispute between Volkswagen of America and a local dealer over its supply of the most desirable vehicles from the dealer, the Supreme Court of Virginia concludes is not necessary to consider Volkswagen’s facial ...

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Civil Procedure – Appeals – Motion To Strike – Contract Claim (access required)

A defendant leasing corporation failed to preserve its objection from a motion to strike at the conclusion of plaintiff family trust’s evidence, when defendant moved to renew its motion to strike at the close of trial; in its “renewed” motion ...

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Employment – Retaliatory Discharge – Whistleblower – Sovereign Immunity (access required)

A county has sovereign immunity from a retaliatory discharge claim filed by a former employee under the “whistleblower protection” provision of Va. Code § 8.01-216.8, and in this case of first impression, the Supreme Court of Virginia affirms dismissal of ...

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Municipal – Subdivision Ordinance – Conflict With Statute (access required)

In this suit arising from a county’s refusal to approve a preliminary subdivision application, the Virginia Supreme Court says a county subdivision code provision is void as an exercise of power not authorized by the General Assembly, and the code’s ...

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Criminal – Sexually Violent Predator – Hearsay – Unadjudicated Conduct (access required)

At the civil proceeding that adjudicated appellant as a sexually violent predator under Va. Code § 37.2-900, the trial court erred in admitting expert testimony regarding the details of unadjudicated allegations of sexual misconduct the expert learned from police reports, ...

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