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Monthly Archives: December 2010

Med mal cap bill filed

Del. Dave Albo, chairman of the House Courts of Justice Committee, has introduced House Bill 1459 to seal the deal that the Virginia Trial Lawyers and the Medical Society of Virginia reached to increase the cap on medical malpractice awards ...

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Domestic Relations – Spousal Support – Real Estate Investments (access required)

A husband whose income in the “high-end” real estate market declined between 2004 and 2010 largely as a result of events beyond his control is entitled to reduce his monthly spousal support obligation from $18,000 to $12,500, says a Charlottesville ...

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Administrative – ABC Violation – Beer License – Underage Sales (access required)

A Roanoke County Circuit Court says a restaurant owner cannot overturn the suspension of his license for ABC violations that included selling two bottles of beer to a 17-year-old, with his claim that the bartender made a mistake about the ...

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Domestic Relations – Termination Of Parental Rights – Child’s Testimony (access required)

The Court of Appeals says a trial court did not err in terminating the parental rights of a mother who physically abused her daughter and who failed to correct the conditions that led to her placement in foster care, despite ...

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Real Estate – Inverse Condemnation – Storm Water Retention – School Property (access required)

Property owners who allege damage to their property from a county school board’s construction of a “storm water retention basin” that allowed polluted storm water to be discharged onto plaintiffs’ property and into their pond, are entitled to damages for ...

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Search & Seizure – Terry Stop – Pocket Pat-Down – Probable Cause (access required)

Police investigators who followed defendant after observing him in a suspected drug transaction in an area known for illegal drug activity and who searched defendant’s car with his consent could be subjected to a pat-down after he repeatedly put his ...

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Domestic Relations – Termination Of Parental Rights – Sexual Abuse (access required)

The Court of Appeals upholds termination of a father’s parental rights, in light of his felony conviction for aggravated sexual battery of his girlfriend’s seven- and ten-year-old girls. Even assuming, without deciding, that DSS failed to conduct an investigation to ...

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Administrative – ABC License – Preserving Issues (access required)

The Court of Appeals upholds a circuit court decision that affirmed revocation of an ABC license for “Smitty’s Place” in Amherst County. In the trial court, as well as here, Smitty’s substantively challenged the violations by raising issues of statutory ...

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Domestic Relations – Termination Of Parental Rights – Non-Contact (access required)

The Court of Appeals rejects a father’s contention that the trial court erred in finding six months of non-contact without cause was sufficient to terminate his parental rights to his child. Father contends the department’s record was incomplete because it ...

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Domestic Relations – Termination Of Parental Rights – Appellate Challenge (access required)

The Court of Appeals affirms termination of a father’s parental rights to his minor children; because the father does not challenge the decision to terminate his residual parental rights under Va. Code § 16.1-283(B), the issue of whether termination was ...

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