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Author Archives: Virginia Lawyers Weekly

Contract – Attorney's Fees – Burden Of Proof (access required)

Where the bank confessed judgment on behalf of defendant debtor on a note which also provided for attorney’s fees of the greater of 25 percent of the unpaid balance of the note or $100, debtor has failed to present sufficient ...

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Contract – Suretyship – Insurance – Performance Bond (access required)

Although the developer who took over the subdivision development project executed a series of riders to the performance bonds originally issued by plaintiff surety on the project, neither the developer corporation, nor its parent corporation, nor any of the individual ...

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Domestic Relations – Child Support – Pension Contributions (access required)

Although the husband contends that his contributions of $25,000 per year to his pension plan are “reasonable business expenses” under Va. Code § 20-108.2, the court does not agree that the commissioner in chancery erred in including those contributions as ...

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Domestic Relations – Visitation – Child Support Arrearage (access required)

Although the father has been incarcerated for failure to pay child support and currently has an arrearage in excess of $40,000, and although the mother contends she has had difficulty with the two children because of things the father has ...

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Criminal – Habeas Corpus – After-Discovered Evidence – Wife's Murder (access required)

Although certain exculpatory evidence came to light only after petitioner had been convicted of the second-degree murder of his wife, this evidence, which consisted of statements made by a commuter about a person the commuter had seen walking on the ...

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Tort/Negligence – Medical Malpractice – Standard Of Care – Expert's Testimony (access required)

Although one of plaintiff’s expert physician witnesses was licensed in radiology but not in obstetrics-gynecology, and for this reason he was not entitled under Va. Code § 8.01-581.20(A) to the statutory presumption that he was familiar with the relevant statewide ...

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Domestic Relations – Visitation – Children's Fears (access required)

Where there is evidence the father physically and mentally abused the mother and both the daughters, and the court has met in-chambers with the daughters and has determined that they are afraid of their father and do not want to ...

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