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Monthly Archives: July 2010

Creditor’s Rights – Promissory Note – Receiver Suit – Jurisdiction (access required)

A receiver appointed pursuant to an FTC enforcement action against a fraudulent debt counseling scheme wins summary judgment in its action to recover receivership property, payment on a promissory note, from a business associate who borrowed $1.34 for a restaurant ...

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Pennsylvania judges rescind newspaper purge orders

Date: 7/6/2010 9:06 PM Judges order 2 Pa. newspapers to delete stories STATE COLLEGE, Pa. (AP) Two newspapers want a state judge to overturn an order requiring them to delete archived stories and other information about two defendants, cases that ...

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Interlocutory appeal filed in drywall cases

A drywall supplier and contractor have filed an interlocutory appeal of a Norfolk trial judge’s order to consolidate cases alleging property damage and personal injury from defective Chinese drywall. The petition filed yesterday with the Supreme Court of Virginia contends ...

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Contract – Arbitration – Flooring Installation – Waiver (access required)

A flooring company that did not respond to customers’ fraud suit seeking a refund of payment for new flooring that allegedly buckled when dogs urinated on it, and allowed a default judgment, has waived its right to invoke the contract’s ...

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Real Estate – Boundary Line Dispute – Easement – Adverse Possession (access required)

In this boundary dispute between two sisters whose property shared a common grantor and mid-creek boundary line with property plaintiff purchased at auction, a Henry County Circuit Court says plaintiff purchaser has a right to use the 30-foot road to ...

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Traffic Offenses – DUI – Implied Consent Law – Test Refusal (access required)

A Fairfax Circuit Court rejects defendant’s claim that the implied consent statute, Va. Code § 18.2-268.3, is unconstitutionally vague, and denies his motion to dismiss the charge of refusal to submit to an intoxication test. Defendant argues that Code § ...

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Zoning – Bed & Breakfast – Injunction – No Appeal (access required)

A county zoning administrator may request an injunction against a couple cited for operating a bed-and-breakfast in violation of county zoning ordinances; a Fairfax Circuit Court says although the couple thought they had resolved the issue through discussions with the ...

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Domestic Relations – Federal Life Insurance – Ex-Wife Beneficiary – Constructive Trust (access required)

Although ex-wife is the named beneficiary for husband’s federal employee life insurance proceeds, husband’s widow can use a Virginia statute to ask for a constructive trust on the $125,000 policy paid out to the ex-wife, a Fairfax Circuit Court says ...

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