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Monthly Archives: October 2010

Nursing home resident dies from head injury – Confidential Settlement (access required)

This case involved a mandatory arbitration clause in a nursing home contract.  However, the court denied the defendant’s motion to compel arbitration because the person signing the contract had no legal authority to act for or bind the resident. Plaintiff’s decedent was ...

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Real Estate – Survivorship Right – Unmarried Couple – Sale Proceeds (access required)

Where an unmarried couple bought a foreclosure home as joint tenants with right of survivorship, but they later sold the home to their tenant, with owner financing, and continued to divide the monthly payments after they split up, the survivorship ...

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Criminal – Habeas Corpus – Murder Conviction – Untimely Petition (access required)

A defendant who pleaded guilty to rape and murder has his habeas corpus petition dismissed by a Norfolk Circuit Court as filed eight years too late. The final order was entered May 13, 1999. The Court of Appeals affirmed the ...

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Contract – Commercial Building – Renovations – Unjust Enrichment (access required)

Funds seized by defendant St. Joe Company from Advantis real estate company under a Deposit Control Agreement after Advantis defaulted on its obligations to St. Joe, belong to plaintiff N.R.H.A., who paid the money to Advantis as its agent to ...

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Civil Procedure – Settlement Conference – Postponement – Court Order (access required)

A Norfolk Circuit Court will temporarily postpone a court-ordered settlement conference in this case, upon receipt of counsel’s letters stating the case is not ready for settlement “at this time,” but the court will not cancel the conference, which shall ...

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Administrative – Real Estate License – Due Process – Criminal Record (access required)

The Court of Appeals agrees with the Virginia Real Estate Board that a trial court erred in finding that the board violated a licensed real estate agent’s due process rights when it failed to provide her proper notice under the ...

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Search & Seizure – Pat-Down – Pants Pocket Search – Inevitable Discovery (access required)

An officer who says he always pats down a pedestrian or a bike rider did not have a particularized suspicion to support his pat-down of defendant, and the pat-down violated defendant’s Fourth Amendment rights; the Court of Appeals reverses defendant’s ...

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