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Author Archives: Virginia Lawyers Weekly

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 ...

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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 ...

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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, ...

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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 ...

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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 ...

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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 ...

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Civil Rights – Schools – Handicapped Education – Residential Placement (access required)

Where the student suffers from a number of handicapping conditions, including serious emotional disturbances, fetal alcohol syndrome, and attention deficit disorder, and has been violent and unpredictable in regular public school classes, and the parents refused to participate in the ...

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Labor & Employment – Age Discrimination – Timely Administrative Charge (access required)

Where the 61-year-old project manager did not file an age discrimination charge based on his January 15, 1991 removal from a project with the Equal Employment Opportunity Commission until Oct. 11, 1991, he violated the 180-day time requirements for filing ...

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