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Opinion Digests

Domestic Relations – Spousal Support – Imputed Income – Wife's Former Nursing Career – Attorney's Fees (access required)

The court declines to impute to wife income commensurate with her former job as a nurse, which she left 11 years ago with the consent of her husband; but the court will impute an additional $10,000 above wife’s present part-time ...

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Civil Practice – Amendment – Same Claim (access required)

A plaintiff’s amended complaint for injuries arising from an auto accident does not state a new cause of action because the crux of the claim is the same as in the original complaint: that defendant developers breached their duty to ...

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Workers' Comp – Toxic Exposure – Successor Carrier (access required)

The insurance carrier that provided coverage when claimant was first diagnosed in 1994 with chronic beryllium disease, after workplace exposure to beryllium powder from 1961 until 1973, is not the proper defendant in this case. The proper defendant carrier is ...

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Intellectual Property – Corporate – Piercing Corporate Veil – Copyright – Home Plans – Injunction (access required)

Where defendant builder in this suit alleging copyright infringement was preliminarily enjoined from constructing its model “Rockford” home which resembles plaintiff’s “Louisa” home, but defendant later was observed performing certain painting and landscape chores on one of its “Rockford” models ...

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Bankruptcy – Criminal Contempt – Sanctions (access required)

Where the bankruptcy court certified to the district court facts relevant to an adjudication of debtor’s criminal contempt for failure to follow a bankruptcy court order, the bankruptcy court has followed all the necessary procedures under Bankruptcy Rule 9020, and ...

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Civil Rights – Prison Conditions – Suit Against Corrections Investigator – Retaliation (access required)

Where plaintiff inmate alleges that defendant, a correctional official, while investigating plaintiff’s charge of sexual assault by another inmate, discovered in plaintiff’s cell papers indicating the inmate was filing a lawsuit naming as defendants the investigator and another correctional official, ...

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Bankruptcy – Equity In Residence – Judgment Lien – Lien Avoidance (access required)

Where debtors previously had received a discharge in chapter 7, and after the insurance company and the bank proceeded to liquidate debtors’ residence to satisfy judgment liens, debtors then filed for chapter 13 relief, debtors had no equity in the ...

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Negligence – Virginia Tort Claims Act – Sovereign Immunity – Execution Of Court Order (access required)

Where the administrator’s decedent was admitted to a state mental hospital on a general district court’s “Civil Mental Temporary Detention Order,” and the administrator alleged the state hospital failed to provide adequate care when the decedent became agitated and later ...

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