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Author Archives: Virginia Lawyers Weekly

Real Property – Condo Parking Spaces – Auto Repair Business – Injunction (access required)

Where complainant, who operates an auto body shop in a condominium where the other units are occupied primarily by construction and building businesses, has been using between 45 to 80 of the 110 available parking spaces of the condominium’s common ...

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Commercial – Suit On Note – Limitations – Lender's Death (access required)

Where decedent had loaned defendant $15,600, evidenced by a written note dated Nov. 4, 1985, which provided for monthly installment payments of $200, automatic acceleration in case of default on a monthly payment, and a balloon payment due Nov. 4, ...

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Domestic Relations – Desertion – Business Valuation (access required)

Where husband, since 1982, maintained his business in another location and had only “four or five hours” contact per month with his wife and four children, and husband began a relationship with another woman and ultimately took up residence with ...

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Taxation – BPOL Tax – Non-Profit Utilities Coop (access required)

Although petitioner, which was formed by a group of non-profit rural utility cooperatives, alleges that it is a nonprofit corporation under the Internal Revenue Code that uses its tax-exempt status and financial stability to lend money to its members at ...

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Tort/Negligence – Medical Malpractice – Wrongful Life – Ultrasound Test (access required)

Where plaintiffs are suing defendant radiologist on a theory of “wrongful life,” alleging that had an ultrasound test been performed properly, serious defects in the fetus would have been identified and plaintiff parents would have had an opportunity to terminate ...

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Labor & Employment – FLSA – State Employer – Sovereign Immunity (access required)

Where state employees are suing the commonwealth for alleged violations of the federal Fair Labor Standards Act, 29 U.S.C. § 203, the state does not have sovereign immunity from the employees’ suit. The Commerce Clause of the U.S. Constitution allows ...

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