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Opinion Digests

Civil Practice – Demurrer – Counterclaim (access required)

Plaintiffs’ demurrer to defendants’ counterclaim is overruled because two issues require development during discovery; plaintiffs have raised factual matters not pleaded in the counterclaim, which is prohibited under our “speaking demurrer” rule; and defendant’s counterclaim sufficiently pleads fraud. Plaintiff’s defenses ...

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Civil Practice – Contempt – Violation Of Injunction Statement (access required)

Although the city was not explicitly named in a 1993 injunction requiring an owner of a vacant building to provide notice to adjacent landowners when a demolition permit would be issued on defendant owner’s property, the city nevertheless was bound ...

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Employment – At-Will Doctrine – Constructive Discharge (access required)

A plaintiff’s claims of constructive discharge are insufficient, as a matter of law, to support her claims for wrongful discharge in violation of public policy, as the Virginia Supreme Court has not recognized that this intentional tort encompasses claims of ...

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Attorneys – Legal Malpractice – Future Damages (access required)

A plaintiff who alleges legal malpractice may sue for “future damages” on judgments which he has yet to pay. Defendant law firm argues that plaintiff’s claim for “future damages” should be dismissed pursuant to the rule in Allied Productions Inc. ...

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Property – Condo Declarations – Amendment To Restrict Businesses – Grandfathered Auto-Repair Shop (access required)

The board of a condominium unit owners association did not waive its right to enforce amendments to its declarations that effectively prohibited defendant from expanding his auto repair business from one unit into an adjacent unit purchased after the amendments. ...

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Workers' Comp – Back Injury – Conflicting Medical Reports (access required)

In this case involving a laborer who hurt his back while reaching behind his head to grab a steel rod, the deputy commissioner did not err in crediting the treating physician’s opinion releasing the laborer to light-duty work, rather than ...

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Medical Malpractice – Review Panel – Diversity (access required)

Where defendant in this medical malpractice action filed in federal court seeks appointment of a medical malpractice review panel under Va. Code § 8.01-581.1, the motion is denied because the Virginia Medical Malpractice Act does not expressly provide for a ...

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Bankruptcy – Debtor's Interest In Outlet Mall – Security For Loans – Lockbox For Rents – Injunctive Relief (access required)

Although debtor contends that the bank’s withdrawal of rents from a shopping mall from a lockbox controlled by the bank pursuant to a workout agreement undermined debtor’s efforts to reorganize, the district court concludes that the bankruptcy court did not ...

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Intellectual Property – Copyright – Unfair Competition – Useful Articles – Taxidermy Forms (access required)

Where plaintiff’s copyright infringement suit alleges that defendants, under guise of a false name, ordered plaintiff’s four taxidermy forms, removed plaintiff’s copyright notice, copied the forms and placed their own copyright notice on the copies, defendants are not entitled to ...

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Civil Rights – Voting Rights Act – Partisan Political Convention – Delegate Fees (access required)

Where plaintiffs challenge the Republican Party’s requirement that all person who wish to become a delegate to the party’s statewide convention to nominate a U.S. Senate candidate must pay a $45 non-refundable registration fee, the three-judge panel hearing this case ...

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