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Author Archives: Virginia Lawyers Weekly

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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Administrative – Hearing – Skirmish Association – Rules & Bylaws – Target Score Cheating (access required)

Where complainant alleges that defendant “North-South Skirmish Association” has threatened to conduct a hearing in violation of its rules and bylaws concerning a charge of cheating which had been lodged against complainant, complainant fails to demonstrate an actual controversy concerning ...

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Domestic Relations – PSA Breach – Emotional Distress (access required)

In this case in which a husband is suing on the property settlement agreement which was incorporated but not merged in the final divorce decree, the husband has failed to state a claim for breach of the agreement based on ...

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Contract – Mutual Mistake – Directory Advertising – Subject Of Listing (access required)

Although plaintiff, publisher of a telephone director, allegedly told defendant women’s clinic that the directory would not have a subject heading for “Abortions,” and the clinic’s telephone listing would have to go under “Clinics,” but when the directory was published ...

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Domestic Relations – Spousal Support – Wife's Job Termination – Relocation (access required)

Although the trial court’s earlier letter opinion awarding complainant wife a divorce and spousal support mistakenly stated that the wife gave up her job in Pittsburgh, Pennsylvania in order to relocate to Virginia, where husband resided, the court in fact ...

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