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Opinion Digests

Criminal – Mini-Warehouse B&E – Co-Defendants' Testimony (access required)

A defendant who was convicted, based on testimony of his co-defendants, of attempted break-ins of nine units at a mini-warehouse storage facility, has convictions for attempted breaking and entering in the nighttime reversed. There is evidence that this defendant committed ...

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Domestic Relations – Stepparent Adoption – No Consent From Mother (access required)

The Circuit Court can hear this petition for a stepparent adoption over the objection of the child’s biological mother; the petition need not be transferred to Juvenile Court for a consideration of termination of the biological mother’s rights. Unlike petitions ...

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Insurance – Policy Conditions – Duty To Notify – 10-Month Delay (access required)

An insurance company wins summary judgment on a policy claim because the policyholder failed for 10 months to give the company notice of an occurrence upon which a claim was based, and that material breach of the insurance policy precludes ...

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Civil Practice – Venue – Regular Conduct Of Business (access required)

A company’s purchase in Richmond of parts for company equipment, amounting to less than 1 percent of the company’s annual $10 million in purchases, and its occasional dispatch of company personnel to pick up parts on an emergency basis, makes ...

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Domestic Relations – Adoption By Stepfather – No Applicable Statute (access required)

A stepfather who formerly believed a child was his biological daughter with his ex-wife, and who petitions the court to adopt the child, who now lives with her mother and a new stepfather, cannot petition for adoption. Virginia’s adoption statute, ...

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Civil Practice – Guardian Ad Litem – 'Do Not Resuscitate' Order (access required)

The court denies the petition of a guardian ad litem for a “severely neurologically devastated” infant to place a “Do Not Resuscitate Order” in the infant’s medical chart so that if the infant’s heart stops beating, no measures need be ...

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Workers' Comp – Permanent Disability Rating – Elbow Injury (access required)

A commercial painter is entitled to an additional award for permanent partial disability attributable to an elbow injury, based on a disability rating offered by a physician who saw claimant after his elbow surgery. “We usually give greater weight to ...

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Workers' Comp (313627) (access required)

Shoulder Injury A claimant who injured his shoulder while working as a loss prevention supervisor for a department store is not entitled to temporary total benefits for a period when he was able to perform his regular job while under ...

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Bankruptcy – Domestic Relations – Lump Sum Property Settlement Or Alimony (access required)

Although the parties’ property settlement agreement provided that 1) husband’s support obligation would extend beyond wife’s remarriage, 2) husband could not take an income tax deduction for the support, and 3) the support obligation could not be modified upon a ...

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Employment – ERISA – Disability Benefits – Health Insurance Termination – Retaliation (access required)

A disabled employee can sue his former employer for wrongful retaliation under ERISA § 510 for the employer’s alleged termination of the employee’s health insurance benefits, which the employer had gratuitously extended to him, after the employee refused to settle ...

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