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Monthly Archives: September 2010

Criminal – Plea Agreement – Nolle Prossed Charges (access required)

The Court of Appeals rejects defendant’s claim that the commonwealth violated his due process rights by dishonoring a plea agreement and eliciting testimony at his sentencing hearing on charges that had been nolle prosequied by the commonwealth; defendant’s sentence on ...

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Domestic Relations – Support Reduction – Lower Income (access required)

Testimony from husband’s accountant that his monthly income had decreased from $21,000 in 2007 to $17,830 per month at the time of the hearing, demonstrated a material change of circumstances to support his motion to modify spousal and child support, ...

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AG: New cash proffer statute is retroactive

A new attorney general opinion may have set the stage for a court battle over whether Virginia localities can seek early payment of cash proffers from developers. Some fast-growing localities require builders to make cash payments in exchange for approval ...

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Lewis firm settles suit, counterclaim (access required)

A fee dispute pitting two Northern Virginia bar leaders has been settled for a fraction of the amounts claimed in the collection action and the legal malpractice counterclaim. The imbroglio began with a lawsuit by the law firm of former ...

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Hate speech showdown is Supreme Court preview

Westboro Baptist Church – the folks who stage anti-gay protests at funerals of service members – will be represented at a free public debate Sunday afternoon at Virginia Commonwealth University in Richmond. Margie Phelps, an attorney and church member, will ...

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Real Estate – Foreclosure – Refi Rate – Fees (access required)

A woman who alleges “predatory lending practices” because her second refinancing with defendant led to higher interest rates and “exorbitant” fees can sue under the Virginia Mortgage Lender Act and for breach of contract and misrepresentations that allegedly violated the ...

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Criminal – Forfeiture – Substitute Property – Contraband Cigarettes (access required)

In this criminal case for conspiracy to violate the Contraband Cigarette Trafficking Act and for tax evasion and mail fraud, an Abingdon U.S. District Court says it must amend a forfeiture order for defendants’ bank accounts to protect the legal ...

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Civil Procedure – Remand – FHA – Foreclosure – Face-To-Face Meeting (access required)

A plaintiff attempting to halt a foreclosure on the ground that defendant failed to have a face-to-face meeting with her in violation of a federal regulation, wins remand of his case from Richmond U.S. District Court to state court because ...

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Harris Poll reports view of U.S. Supreme Court

As new U.S. Supreme Court Justice Elena Kagan was preparing to hear her first arguments, the Harris Poll conducted a survey aimed at determining how knowledgeable Americans are about the process of confirming a justice. Forty-two percent of 2,775 adults ...

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