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Opinion Digests

Domestic Relations – Spousal Support Reduction – Change In Circumstances – Wife's Use Of Monetary Award (access required)

A husband is not entitled to a reduction in his spousal support payments based on his claim that the wife “used the equitable distribution award to reduce her expenses and then unjustifiably increased her expenses,” and that these actions constituted ...

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Criminal (313516) (access required)

Speedy Trial A defendant who was released on bond for the abduction and sexual battery charges on which he was tried cannot apply the speedy-trial statute, Va. Code § 19.2-243, to the time period when he was held for a ...

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Tort – OSHA Regulations – Contributory Negligence – Power Lines (access required)

A power company sued by a man who was injured by electric lines can introduce OSHA regulations to show the duty of care plaintiff should have exercised for his own safety, but not to demonstrate foreseeability or assumption of risk. ...

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Civil Practice – Discovery – Motion To Compel – Bankruptcy Stay (access required)

In a suit on a promissory note allegedly given by an individual defendant and a corporation that now is in bankruptcy proceedings, the individual defendant is not entitled to compel a production of documents and deposition by the corporation; rather, ...

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Tort – Va. Tort Claims Act – Notice Of Claim (313564) (access required)

A student at George Mason University has provided sufficient notice of her claim against the school under the Virginia Tort Claims Act, Va. Code § 8.01-195.6, in a notice stating that she slipped and fell at about 1:00 p.m. on ...

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Attorneys – Sanctions Under Va. Statute – Res Judicata (access required)

The Circuit Court upholds the General District Court’s imposition of sanctions under Va. Code § 8.01-271.1 on an attorney who filed a suit against a tree company for an alleged trespass outside a Virginia Department of Transportation easement. Plaintiff is ...

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Negligence – Auto Accident – Additur – Medical Expenses Only (access required)

A plaintiff who struck her chest on a steering wheel when she was rear-ended by defendant, and who suffered bruises and pain for a six-month period, is entitled to an additur to the jury award to compensate her for her ...

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Workers' Comp – Release To Light Duty – Slip & Fall (access required)

The claims examiner did not err in rejecting employer’s application for a change in condition based on a physician’s release of claimant to light-duty employment because the employer failed to pay compensation through the date it filed the application. The ...

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Insurance – Auto Liability – Use Of Auto – Parking Lot Shooting (access required)

Where decedent was seated in the insured auto in a convenience store parking lot when she was killed by a gunshot fired from outside the vehicle, her death did not arise out of the “ownership, maintenance or use of” the ...

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