Quantcast
Home / Opinion Digests (page 3489) /

Opinion Digests

Bankruptcy – Sale Of Nursing Home – Medicaid Collection Effort – Injunction (access required)

The Bankruptcy Court uses its equitable powers under 11 U.S.C. § 105(a) and grants the debtor nursing home’s request for an injunction against the Virginia Department of Medical Assistance Service to prevent DMAS from pursuing collections against a prospective purchaser ...

Read More »

Tort – Charitable Immunity – Immunity For Individual Volunteer (access required)

An American Red Cross driver who was driving a woman to a medical appointment when they were involved in an automobile accident has “charitable immunity” from a personal-injury action brought for the woman’s injuries from the auto accident. “This is ...

Read More »

Taxation – Municipal – Business Office Equipment – Intangible Personal Property (access required)

A city cannot tax as “intangible personal property not used in manufacturing” the furniture, fixtures, office and computer equipment located in the corporate headquarters of a company that manufactures kitchen and bathroom cabinets. The city argues that the company’s personal ...

Read More »

Search & Seizure – Burglary – Auto Search (access required)

A Toyota was properly stopped after the police department issued a memo to watch for the car and an officer saw it drop two people off, including defendant, who went toward the back of a house that the officer later ...

Read More »

Workers' Comp – Evidence – 'Medical Report' – Counselor's Letter (access required)

A letter from a “licensed professional counselor” does not qualify as a “medical report” under Va. Code § 65.2-603, and the commission did not err in refusing to consider the letter. The term “medical report” is not defined in Code ...

Read More »

Domestic Relations – Custody – Order Not Final (access required)

A father cannot immediately appeal a pendente lite order awarding custody of his two children to his wife because the decree is interlocutory, rather than final, and does not affect necessarily the final decision of the Circuit Court. Kratz v. ...

Read More »

Criminal – Cocaine Distribution – Certificate Of Analysis – Photo Array (access required)

Although the certificate of analysis on the crack cocaine did not include defendant’s name at the time the substance was tested, the certificate did include the identity of the informant who purchased the cocaine and the certificate was properly admitted ...

Read More »

Criminal – Marijuana Possession – Constructive Possession (access required)

A conviction for marijuana possession is reversed because there was insufficient evidence that defendant was aware of the presence and character of marijuana concealed between the passenger door and passenger seat of the car in which defendant was riding. Combs ...

Read More »

Criminal – Concealment Of Merchandise – Cigarettes In Gym Bag (access required)

Although defendant later claimed he had placed six cartons of cigarettes inside his gym bag while shopping at the Navy Exchange only “to see how many cartons would fit,” he properly was convicted of concealment of merchandise based on his ...

Read More »