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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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Civil Rights – Equal Protection – All-Male Military School – VMI (access required)

The Commonwealth of Virginia’s proposal to continue to provide a single-gender military-type college education for men at the Virginia Military Institute, and to institute in 1995 a single-gender education with specific leadership training for women at Mary Baldwin College is ...

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Criminal – Habeas Corpus – Guilty Plea Withdrawal – Va. Law (access required)

A Virginia defendant is entitled to a writ of habeas corpus because his criminal defense lawyer rendered constitutionally ineffective assistance of counsel by advising the defendant that he was highly likely to receive work release if he pled guilty to ...

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Criminal – Drug Conspiracy – Severance – Minor Participant (access required)

A woman whom prosecution witnesses labeled a partner in a Richmond-based drug ring was not entitled to have her trial severed from that of other drug-ring defendants, and the court did not err in concluding that the woman was not ...

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Labor – Unfair Labor Practice – Poultry Processors – Successor Company (access required)

A poultry processor, who purchased a controlling interest in a seller poultry processor, committed unfair labor practices under § 8(a) of the National Labor Relations Act when it refused to bargain with a recently organized union. The purchaser corporation had ...

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Attorneys – Disqualification – Conflicts Of Interest – Co-Conspirators (access required)

Where the court’s in-camera review of materials provided by the government in this criminal case reveals multiple serious potential conflicts of interest presented by a law firm’s current representation of three defendants in this case, one of the lawyers is ...

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Labor – Union Member's Termination – Duty Of Fair Representation (access required)

A union member fired for alleged time-card fraud cannot pursue a breach of contract claim against the employer because he has failed to demonstrate any genuine issue of material fact in his related claim that the union breached its separate ...

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