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Author Archives: Virginia Lawyers Weekly

Civil Practice – Discovery – Loan Guaranty – Interrogatory Answers (access required)

Where the bank is suing debtor’s brother, who guaranteed the bank’s loan to debtor, but the guarantor claims the bank has not fully and adequately answered the guarantor’s interrogatories concerning the bank’s disposition of the collateral for the note, the ...

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Bankruptcy – Chapter 7 Petition – Unmarried Debtors – Notice & Hearing (access required)

Where debtors were engaged but not married when they filed their joint chapter 7 petition, the petition is dismissed despite debtors’ claim that they should be allowed to file a joint petition because they have some joint assets and debts. ...

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Tort/Negligence – Business Invitee – Golf Course Safety (access required)

Although plaintiff was severely injured when his golf cart went out of control while on the rain-wet golf course at the Homestead resort, his negligence claim against the resort must fail since he has not presented evidence which would establish ...

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Civil Rights – Sheriff's Employees – Job Loss – Political Patronage (access required)

Where the sheriff fired both a chief deputy and a staff assistant for special projects on the ground that their jobs were policymaking positions for which political affiliation mattered, the sheriff is not entitled to summary judgment in the terminated ...

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Insurance – Homeowners – Replacement Cost – Motion In Limine (access required)

Where plaintiffs’ homeowner’s policy provides that plaintiffs must make a claim for replacement cost within 180 days after a loss, and that time period has elapsed since their house burned and plaintiffs have neither repaired nor replaced their property, this ...

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Commercial – Default On Note – Attorney's Fees – Insurance Policy (access required)

Where plaintiff sellers accepted a note from defendant buyers for the purchase of plaintiffs’ home, and in the homeowners’ policy which buyers were required to maintain, defendant insurance company listed the sellers as “additional insureds” rather than correctly as the ...

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Civil Practice – Reverse 'FOIA' Claim – Contract Award – Trade Secrets (access required)

Where the Environmental Protection Agency awarded a contract for environmental cleanup services to plaintiff company, but after the contract award, two of plaintiff’s competitors filed Freedom of Information requests seeking copies of the contract and certain related information, this information ...

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Products Liability – Forklift Collision – Breach Of Warranty (access required)

Where plaintiff forklift operator for a carpet factory is suing manufacturers for alleged defective design in order to recover for injuries she received when she was backing up her forklift in order to pick up a roll of carpet, and ...

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Civil Rights – Education – IDEA – Autistic Student – Extended School Year (access required)

Where plaintiffs, through their own testimony and through the testimony of expert witnesses, were able to demonstrate that the six-year old autistic student’s language skills and behavior regressed during the summer months when he did not have regular, structured instruction ...

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