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Opinion Digests

Civil Practice – Venue – Conducting Affairs – Shopping & Eating Out (access required)

Defendants in a personal-injury case who come into the City of Richmond once a month to shop or eat are not “regularly conducting affairs” under Va. Code § 8.01-262(3), and venue is this case is transferred to Henrico County, where ...

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Corporate – Conflict-Of-Interest Transaction – Commercial Lease (access required)

A commercial lease cannot be set aside under Virginia’s corporate “conflict of interest” statute because a number of officers of the tenant, a defense contractor, also had an interest in a limited partner of the landlord. Although the lease was ...

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Workers' Comp – Causation – Slip & Fall – Increase In Symptoms – Hip Surgery (access required)

Although claimant’s treating surgeon indicated that her fall at work had contributed to the “hastening of her symptoms” of degenerative arthritis and consequent need for total hip replacement, claimant nevertheless has failed to prove that the fall required the surgery. ...

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Contract – Franchise Fee – Public Boat Transportation (access required)

The National Park Service had both statutory and contractual authority to raise the franchise fee of a tour company that provided boat transportation to the Fort Sumter National Monument, and the franchise fee’s calculation at 12 percent was unobjectionable. The ...

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Insurance – Fire Coverage – Vacant Warehouse – Vacancy Exclusion (access required)

A warehouse was “vacant” under an insurance policy’s exclusionary clause where the warehouse had no tenant for five months prior to a fire, and the warehouse contained only scaffolding, a hand truck and a table at the time of the ...

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Insurance – Duty To Defend – Asbestos Claims (access required)

This court affirms a District Court order requiring appellant insurance company to defend Radiator Specialty Company in 26 lawsuits alleging injuries resulting from occupational exposure to asbestos. We affirm the judgment of the District Court for the reasons stated in ...

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Criminal – Habeas Corpus – Defendant's Taped Confession – Harmless Error Standard (access required)

A South Carolina defendant’s convictions for murder and forgery are reversed because the state trial court admitted defendant’s “lengthy and detailed” taped confession even though the defendant had twice requested, but not received, assistance of counsel. The taped confession was ...

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Civil Practice – Registering State Judgment – Full Faith & Credit (access required)

A plaintiff who holds a Virginia state court judgment against defendant cannot register that judgment in this Virginia federal court in order to facilitate enforcing the judgment against property defendant holds in another federal district. Petitioner is a Virginia corporation ...

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