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Author Archives: Virginia Lawyers Weekly

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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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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