Quantcast
Home / Opinion Digests (page 3509) /

Opinion Digests

Search & Seizure – Airport – Consent To Search Luggage (access required)

A police officer’s approach toward defendant in a tunnel leading from an airport was a consensual encounter and the defendant’s consent to have his suitcase searched was voluntary so that the results of the search need not be suppressed. The ...

Read More »

Unemployment Comp – Reopening Case – Discharge For Misconduct (access required)

The Virginia Employment Commission did not have authority, on its own and without a request from a party, to reopen a case, and the commission’s earlier order awarding a claimant benefits is reinstated. There are rules of the commission which ...

Read More »

Traffic Offenses – DUI – Double Jeopardy – ALS (312212) (access required)

Consumer Protection Va. Home Solicitation Sales Act – Heir Locator Service A man may void a contract he signed at home allowing an heir locator service to pursue the man’s hitherto unidentified interest in an estate because the contract did ...

Read More »

Workers' Comp – Injury By Accident – Knee Injury – Medical History (access required)

A steam fitter’s testimony about a fall at work has established an injury by accident and he will receive benefits for his knee injury. The claimant has clearly described two falls within a period of approximately one week which occurred ...

Read More »

Traffic Offenses – DUI – Double Jeopardy – Administrative Suspension (312244) (access required)

Four Fairfax County drivers whose licenses were suspended for seven days under Va. Code § 46.2-391.2 may not be prosecuted for DUI under Code § 18.2-266 because such a prosecution would violate the defendants’ double-jeopardy protection. Each defendant asserts that ...

Read More »

Civil Practice – Nonsuit – No Service Of Process – Refiling Suit (access required)

A plaintiff who nonsuited her first personal-injury action without serving process within one year may refile her suit within the six-month extension of the limitation period under the nonsuit statute, Va. Code § 8.01-229(E)(3). The trial court dismissed the refiled ...

Read More »

Negligence – Auto Accident – Legally Blind Driver – Proximate Causation (access required)

A blind driver’s violation of his daytime-driving restriction may not have been the cause of his collision with a tractor-trailer, in light of evidence that a driver with normal vision would have had trouble seeing the trailer’s lights in the ...

Read More »