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Monthly Archives: June 2011

No Waiver of Benefits from Joint Stipulation (access required)

The Court of Appeals majority reverses and remands the commission’s decision that employee’s claim for permanent disability benefits is barred by the statute of limitations; the commission’s initial order expressly reserved employee’s claim for permanent disability benefits and the parties’ ...

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Sex Crimes Evidence Sufficient Assuming Claim Preserved (access required)

Defendant is not entitled have his bench trial convictions for rape, forcible sodomy and abduction with intent to defile reversed for insufficiency of evidence; witness credibility is a determination for the trier of fact even assuming defendant’s closing arguments preserved ...

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Broken High-Mount Brake Light Supports Traffic Stop (access required)

The Court of Appeals majority reverses the trial court order suppressing evidence from a traffic stop because defendant’s broken high-mount brake light gave police reasonable suspicion defendant was operating his vehicle in violation of Va. Code § 46.2-1003 prohibiting defective ...

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No TILA Claim Based on Mortgage Title Exam Charge (access required)

A Richmond U.S. District Court dismisses a homeowners’ suit asserting they validly rescinded a refinance mortgage credit transaction under the federal Truth in Lending Act, including its claim of a material under-disclosure of a finance charge based on the title ...

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