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Opinion Digests

Tort – Civil Conspiracy – Claim Based On Va. Sanctions Statute (access required)

The Circuit Court dismisses a common-law claim alleging defendant shareholders and business conspired to file frivolous lawsuits that violate the Virginia sanctions statute. The sanctions statute, Va. Code § 8.01-271.1, cannot serve as a basis for a violation of the ...

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Wills & Trusts – Caretaker's Compensation – Funds From Mother's Estate (access required)

An adult daughter who cared for her mother, who suffered from Alzheimer’s disease, in the daughter’s home during the last two years of the mother’s life must reimburse the estate for the $68,244 the daughter paid to herself as compensation ...

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Partnerships (access required)

Individual Partners’ Debts A partnership that is winding up its affairs is not liable on certain post-dissolution notes signed by one partner only because the partnership agreement clearly stated that notes had to be signed by both partners. I cannot ...

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Medical Malpractice – Birth-Related Neurological Injury – Scope Of Statute (access required)

The Virginia Workers’ Compensation Commission, and not this Circuit Court, is the proper body to determine whether a medical-malpractice plaintiff’s injury is covered by the Virginia Birth-Related Neurological Injury statute, Va. Code § 38.2-5001. The Act also expressly states that ...

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Workers' Comp (312226) (access required)

Occupational Disease A claimant who began suffering knee and leg pain several months after beginning a job that required her to lift 20 cases of baby formula, weighing 25 pound each, four times a week, is not entitled to compensation ...

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Traffic Offenses – DUI – Double Jeopardy – Administrative Suspension (312242) (access required)

Defendants whose driver’s licenses were administratively suspended under Va. Code § 46.2-391.2 lose on their pleas of double jeopardy when the commonwealth later attempts to prosecute them on the DUI charges. The commonwealth’s contention that the license suspension is primarily ...

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Published Orders (312400) (access required)

Taxation Assessment Of Public Service Property The State Corporation Commission’s rejection of a county’s application for correction of a tax assessment on public service company real property is affirmed. Applying the clear and unambiguous language of Va. Code § 58.1-2604(A), ...

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Domestic Relations – PSA – Life Insurance Proceeds – Constructive Trust – No Termination Date (access required)

A 1971 property settlement agreement that did not provide a time limit on the husband’s obligation to maintain certain life insurance coverage for the benefit of his three children continued in effect until the husband’s death in 1991, and the ...

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