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Author Archives: Virginia Lawyers Weekly

Tort/Negligence – Personal Injury – IME – Defendant's Choice Of Doctor (access required)

Although plaintiff contends that the orthopedist chosen by defendant to examine plaintiff has a bias in favor of defendants, and that the orthopedist has a preconceived notion that two-thirds of those whom he examines for insurance companies are untruthful as ...

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Bankruptcy – Dischargeability – Unregistered Vehicle – Security Interest – Standing (access required)

Although debtors, who purchased a 1987 Corvette convertible, never registered their vehicle with the commonwealth, the bankruptcy court erred in concluding that the finance company, to whom debtors’ retail installment contract on the car was assigned, did not have standing ...

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Insurance – Disability Income – 'Totally Disabled' – Felony Conviction – Incarceration (access required)

Where the insurance company changed its disability income policy to eliminate exclusions for intentional, self-inflicted injury or illness and for disabilities due to the insured’s commission or attempted commission of a felony, the insurance company is not entitled to invoke ...

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Labor & Employment – Race Discrimination – Title VII – Union Referral System (access required)

Where plaintiffs, African-American construction workers in the Front Royal area, have filed a race discrimination suit alleging that two employers, a union and its local have operated a racially discriminatory referral system, the court grants summary judgment for all defendants, ...

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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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