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Author Archives: Virginia Lawyers Weekly

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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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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