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Author Archives: Virginia Lawyers Weekly

Tort/Negligence – Wrongful Death – Suicide – Unsound Mind (access required)

Where plaintiff has alleged that decedent, at the time of his suicide, was suffering from mental illness and mental incapacity, was the victim of self-destructive impulses which were the product of his mental illness and had an irresistible impulse and ...

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Zoning – Subdivision Ordinance – Drainage Course Into Lake – Grading Work (access required)

Where the surface drainage course across complainant’s property is a “substantial” drainage course under the subdivision ordinance, and grading work done on the property has interfered with the surface drainage course and affected the quantity of water flowing into a ...

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Civil Practice – Va. Long-Arm Statute – Transacting Business – Va. Collection Agency – W. Va. Debt (access required)

Where a West Virginia creditor had an “arrangement” with a Virginia collection agency for that agency to attempt collection of a West Virginia debt, this constituted a Virginia contract that validated service on the West Virginia creditor under the Virginia ...

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Real Property (access required)

Rule Against Perpetuities Where the land purchase contract provides that “at such time as the Subdivision Plat and the dedication of Palisades Parkway has been approved…, and recorded…, the Purchaser…shall reconvey” the reconveyance parcel “to Seller…or its successor assigns…,” this ...

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Contract – Mechanic's Lien – Waiver Clause – Severability (access required)

Although plaintiff argue that certain waivers of mechanic’s liens in their contracts are unenforceable because the contracts themselves are unenforceable by defendant developer because the developer breached the agreements by nonpayment, the court finds that the waiver clause is severable ...

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Commercial – Banks & Banking – Contract Of Endorsement – Warranties – Unauthorized indorsement (access required)

Defendant Chrysler Credit is entitled to judgment in its third party negligence claim against a bank for the nearly $40,000 recovered by plaintiff car dealership against Chrysler. The drawee bank had a duty to its customer to exercise ordinary care ...

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