Quantcast
Home (page 4069)

Author Archives: Virginia Lawyers Weekly

Criminal – Subpoena Duces Tecum – Law Firm Records – Client Payments (access required)

Where the government obtained a subpoena duces tecum directing the custodian of records of a law firm that had represented defendant, who also applied for indigent status, to produce “any and all documents and records concerning the payment of any ...

Read More »

Taxation – Refund – Excise Taxes – Fuel Oil (access required)

Although plaintiff marketer is seeking a refund for five taxable quarters both on diesel fuel and fuel that eventually was delivered for home heating, the Internal Revenue Service properly denied a portion of plaintiff’s claim relating to home heating fuel ...

Read More »

Civil Rights – Wrongful Prosecution – False Imprisonment (access required)

Where plaintiff alleges defendant detective, when testifying before the grand jury, suppressed the results of a laboratory analysis which showed that a certain substance, which defendant purportedly distributed was not in fact a controlled substance in order to have defendant ...

Read More »

Contract – Gallery Sales – Fake Picasso – Mutual Mistake (access required)

In this breach of contract action by plaintiff gallery to whom the purported Picasso painting was consigned, defendants may not invoke the equitable doctrine of mutual mistake of fact because they knew or should have known, that there were numerous ...

Read More »

Insurance – ERISA – Plan Participants – Severance Pay Incentive – Plan Enhancements (access required)

Where plaintiff employees do not allege that the enhanced benefit package announced to employees on or about Aug. 14, 1991, had been adopted as part of the employer’s management pension plan before plaintiffs accepted the severance pay retirement incentive offered, ...

Read More »

Products Liability – Duty To Retrofit – Va. Law – Paper Cutting Machine (access required)

The court grants defendants’ motion to dismiss plaintiff’s claim alleging that defendants “negligently failed to retrofit and update the guarding and clamping system” on a paper cutting machine which allegedly injured plaintiff. Defendant asserts that under Virginia law there exists ...

Read More »

Commercial – Government Contracts – Acceptance Of Cabinets (access required)

Although the kitchen cabinets shipped by plaintiff seller for naval base housing clearly were nonconforming and could not be cured in the field, the buyer declined to exercise its right to reject the first installment, and by installing the nonconforming ...

Read More »

Civil Practice – Forfeiture – Drug Trafficking Money – Airport Seizure (access required)

Where Virginia State Police intercepted defendant at the airport upon his arrival from Newark, N.J., and after obtaining defendant’s consent to search his bags, police discovered the $10,590 in cash which is the subject of this civil forfeiture proceeding, there ...

Read More »