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Opinion Digests

Negligence – Infant Settlement – Court's Lien Reduction (access required)

Where plaintiff’s personal injury claim from an auto accident has been settled for $95,000, which represents all but $5,000 of the insurance available to pay the claim, but the commonwealth has liens through its Medicaid program and the Medical College ...

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Commercial – HDC Status – Assignee Of Note (access required)

An assignee of a note taken by a contractor as payment for house construction is not a holder in due course of the note, and the assignee took the note subject to any defense available against the contractor, such as ...

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Partnership (access required)

Limited Partner’s Derivative Action A plaintiff limited partnership, which is a limited partner in the subject partnership, may pursue both direct and derivative damage claims against the subject partnership’s general partners, even in the absence of an accounting and dissolution ...

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Domestic Relations – Child Support Guidelines – Imputed Income – Daycare v. Grandparents (access required)

Although the evidence is “overwhelming” that the child’s paternal grandparents have offered a “caring environment” for the child, the court will include the cost of full-time daycare in computing the parties’ child support obligations. The parties have joint custody, and ...

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Criminal – Double Jeopardy – 'Dual Sovereignty' Doctrine (access required)

Although the defendant already has pled guilty in Maryland to misdemeanor theft, under the “dual sovereignty” doctrine, his successive prosecution in Virginia for theft of the same property does not violate the double jeopardy prohibition. Although there is no Virginia ...

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Workers' Comp – Medical Payments Delay – Carrier's Audit (access required)

The claimant has not demonstrated that the carrier unreasonably delayed payment of certain medical bills arising from claimant’s back surgery; the employer is only obligated to pay such charges as prevail in the same community for similar treatment, and the ...

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Workers' Comp – Wrist Injury – Comparable Light Employment (access required)

Although the light-duty job claimant found on his own paid $18 per week less than the light-duty job claimant had with his prior employer, and which he had to leave due to health problems unrelated to his on-the-job wrist injury, ...

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Workers' Comp – Limitations – Marketing Residual Work Capacity – Wrist Fractures – Carpal Tunnel (access required)

The employer cannot assert the statute of limitations under Va. Code § 65.2-501 or § 65.2-708 because claimant was not under an award on his original claim. Further, we agree with the deputy commissioner that claimant’s occupational injuries from his ...

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Criminal – Sentencing – Criminal History – 'Related' Crimes (access required)

In calculating defendant’s “criminal history” score under the federal sentencing guidelines, the district court did not err in refusing to treat as “related crimes” under U.S.S.G. § 4A1.1-.2(a)(2) two factually unrelated offenses heard in a single sentencing proceeding and for ...

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