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Author Archives: Virginia Lawyers Weekly

Zoning – Variance – Group Care Home – Substance Abuse (access required)

Although the property which the applicant for a zoning variance wishes to purchase to operate as a residential substance abuse facility for 24 persons had been for sale for several months, with no other offers, the applicant nevertheless cannot establish ...

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Contract – Attorney's Fees – Indemnity Clause (access required)

Where the indemnity clause in the contract between the subcontractor and the surety on the performance bond required the sub to indemnify the surety “against every claim, demand, liability, loss, cost, charge, counsel fee,…expense, suit, order, judgment and adjudication whatsoever…” ...

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Civil Practice – Conflicts – Wrongful Death (access required)

Where the administrator has brought a wrongful death suit in Virginia based on a plane crash which occurred in Florida, the court will apply Florida law and holds that Florida’s two-year statute of limitations on a wrongful death action applies ...

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Civil Practice – Default Judgment – Soldiers & Sailors Act (access required)

Although defendant alleges that his military service prejudiced his ability to defend against his landlord’s unlawful detainer action, in that he “was on leave out of the area at the time it was allegedly served,” the defendant is not entitled ...

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Workers' Comp – Comp Bar – Municipal – Detention Center – Statutory Employer (access required)

Where plaintiff, a licensed practical nurse employed by the independent contractor that provided health care services for defendant city’s detention center, fell in the center’s icy parking lot and was injured, her exclusive remedy is under the workers’ comp statute ...

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Corporate – Piercing Corporate Veil – Undercapitalization – Loans To Company (access required)

Although the small corporation’s shareholders, the parents of the person who operated the business installing sound equipment, contributed the original capital of $10,000 to start the company, and later loaned the company $140,000 over a two-year period when the company ...

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Tort/Negligence – Medical Malpractice – Sovereign Immunity – Public Health Physician (access required)

Where plaintiff’s medical malpractice suit alleges defendant, a board-certified ob-gyn and salaried physician working in a state health clinic, was negligent in failing to order mammograms and needle biopsies after he detected a lump in plaintiff’s right breast, the state-employed ...

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PUBLISHED ORDERS (306328) (access required)

Upon consideration of the record, briefs and argument of counsel, the Court is of opinion that no error exists in the judgment of the circuit court. The record discloses that the Board of Zoning Appeals remanded the enforcement action to ...

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