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Author Archives: Virginia Lawyers Weekly

Tort/Negligence – HIV Testing – False Positive – Limitations – Continuous Treatment (access required)

Where plaintiff, a 54-year-old grandmother, alleges she received treatment for two years based on two false positive tests for HIV performed by defendant laboratory, and that plaintiff suffered damages in the form of mental anxiety, a broken engagement and estrangement ...

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Corporate – Stock Pledge Agreement – Good Faith Requirement (access required)

Where plaintiff, because he realized his corporation was failing, entered into a stock pledge agreement with defendant members of the corporation’s board of directors in which plaintiff placed 200 shares of his stock in escrow and received 201 shares of ...

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Criminal – DUI – Breath Test Availability (access required)

Where defendant has been charged with DUI, and the commonwealth’s only evidence regarding the unavailability of a breath test for defendant were hearsay statements of the arresting officer concerning the unavailability of the breath test, the blood test results are ...

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Criminal – Search & Seizure – Mail Parcel – Drug Detection Dog – Dog's Track Record – Suppression (access required)

Where the first-class mail parcel initially was detained after the local postmistress called the sheriff, who had a drug-detection dog signal an “alert” when sniffing the package, the search warrant which later was obtained to allow search of the package ...

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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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