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Monthly Archives: February 2011

Carriers Dropped for Misjoinder in Chinese Drywall Case (access required)

In this suit alleging products liability and contract claims arising from the use of allegedly defective Chinese drywall in various properties, a Norfolk Circuit Court grants two defendant insurance carriers’ motion to sever a count seeking a declaration that the ...

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Prohibitory Injunction Issued for Zoning Violation (access required)

Although the Notice of Violation overstated the appeal period for the charged violations of having more than five unrelated persons in a single-family dwelling and letting rooms for a boarding house, the plain error did not render the Notice null ...

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Clear Policy Language Prevents Intra-Policy Stacking (access required)

An injured plaintiff’s auto liability policy does not allow intra-policy “stacking” sufficient to provide up to $300,000 in UIM coverage, says a Charlottesville Circuit Court, as the policy at issue contains language almost identical to the language found to be ...

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Court Suppresses Teenager’s Statement on ‘Rape’ (access required)

An investigator who approached a 17-year-old defendant “dozing” in a holding cell and told him a young woman had accused him of rape, engaged in the functional equivalent of interrogation, and a Martinsville Circuit Court suppresses the teenager’s statement that ...

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Legislative attack on ‘inherent authority’ of courts is killed (access required)

A Senate Courts of Justice subcommittee has killed the legislative effort to reverse the Supreme Court of Virginia’s recent decision that state judges have the authority to defer judgment and later dismiss charges. Prosecutors and representatives of law enforcement groups ...

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Court Loses Jurisdiction in Arbitration Appeal (access required)

In an investment firm’s appeal of the district court’s denial of mandatory arbitration in an investor’s lawsuit alleging negligence, negligent misrepresentation, breach of contract and violation of the Investment Advisers Act of 1940, the 4th Circuit joins the majority of ...

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Court realignment dead for the year

There will be no legislation this year to realign the state’s judicial circuits and districts. But Bill Janis, R-Henrico, the patron of HB 1990, said he believes that he and Sen. John S. Edwards, D-Roanoke, “got the ball rolling” to ...

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