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Author Archives: Virginia Lawyers Weekly

Labor & Employment – Administrative – Va. Safety Regs – Constitutionality (access required)

Where the commonwealth has attempted, both civilly and criminally, to enforce provisions of the Virginia Occupational Safety and Health statute which defendant electric company allegedly has violated, the commonwealth may not go forward because the statutes in question are unconstitutional. ...

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Domestic Relations – Equitable Distribution – Tax Consequences (access required)

Where husband argues that the commissioner in chancery failed to address the tax consequences of a sale of the marital residence, as mandated by Code § 20-107.3D, the court will now address those consequences and will affirm the commissioner’s award. ...

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Tort/Negligence – Insurance – Suicide – 'Sound Mind' (access required)

Where plaintiff, an administratrix, is bringing a professional malpractice action against a licensed professional counselor who allegedly cared for plaintiff’s decedent, plaintiff’s claim against the counselor is barred if plaintiff’s decedent committed suicide, which is defined under Virginia law as ...

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Real Property – Constructive Trust – Lease Agreement (access required)

Where complainant hunt association alleges that respondent made certain representations when she was president of the association as to what she would do when she acquired certain real property and leased it to the association, complainant may proceed with its ...

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Civil Practice – Res Judicata – Collateral Estoppel (access required)

Although defendant originally sued the rug and upholstery company for damage to her rug, and after she obtained a judgment in her favor, the rug company sued her for the return of the money paid to satisfy the judgment or ...

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Domestic Relations – Husband's Separate Property – 'Personal Effort' (access required)

Where the husband’s interests in several enterprises was acquired by gift before marriage and the income from such separate property remained separate as it was never the product of the personal efforts of either husband or wife, the wife is ...

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Tort/Negligence – Fraud – Pleadings – Reliance (access required)

Where the amended bill of complaint alleges that defendant made a promise to reconvey which was false when made, and that he had no intent to fulfill the promise, it can be reasonably inferred that defendant made the promise with ...

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Commercial – Creditor's Rights – Garnishment – Homestead Deed (access required)

Where the circuit court clerk issued the garnishment summons and began collecting sums withheld by the employer, and after the clerk turned these sums over to the creditor, but before the garnishment return date, the debtor filed a homestead deed ...

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