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Yearly Archives: 2010

Civil Procedure – Amended Complaints – Nuisance Claims (access required)

Saying “it’s difficult to conceive why a lawyer would so blatantly disregard the court’s clear order,” a Roanoke County Circuit Court dismisses a third amended complaint filed by plaintiff, which merely restates the same theories of nuisance plaintiff earlier stated ...

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Criminal – ‘Gambling Device’ – Free Spin Machines (access required)

Interpreting Virginia gaming statutes, a Spotsylvania County Circuit Court says that free spin machines operated by plaintiff business are illegal gambling devices. The parties both asked the court to interpret Va. Code §§ 18.2-325 and 18.2-325.1, as amended July 1, ...

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Insurance – UIM Coverage – Auto Liability – Umbrella Policy (access required)

A man who was injured when his vehicle was struck by another vehicle that failed to yield the right-of-way has UIM coverage under both his auto liability policy and his umbrella policy provided by the same company, says an Henrico ...

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Attorneys – Motion To Disqualify – Conflict Of Interest – Divorce Fees (access required)

In this suit by a divorce client alleging malpractice by her lawyer, a Fairfax Circuit Court denies the defendant lawyer’s motion to disqualify the client’s lawyer from representing both the client in the malpractice action, and her brother-in-law who paid ...

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Search & Seizure – Investigatory Stop – Public Housing – Trespass (access required)

When officers seized defendant as he began walking away from a posted public housing project, they recognized him from previous encounters, he was on private property, in a high-crime area, and had made furtive gestures, and the Court of Appeals ...

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Criminal – Murder – Malicious Wounding – Principal In Second Degree (access required)

The Court of Appeals affirms defendant’s convictions for murder and malicious wounding as a principal in the second degree for an incident outside a convenience store when defendant’s father began shooting at two men after defendant accused them of striking ...

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‘Writ of injunction’ fails to impress judge

An Augusta County man facing eviction from his foreclosed home brandished a novel legal weapon to try to halt the proceedings, to no avail. Daniel Taylor, who counts himself part of the “sovereign citizen” movement, told Circuit Judge Victor Ludwig ...

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