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Opinion Digests

Tort – Psychologist – Marriage Counseling – Breach Of Confidence – Accrual (access required)

Although plaintiff only learned in 1993 that the psychologist from whom he received marriage counseling in 1983 and 1984 divulged plaintiff’s confidences to plaintiff’s wife in order to disrupt his marriage and to carry on an affair with plaintiff’s wife, ...

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Civil Practice – Settlement Contingency – Vacatur Of Prior Court Order (access required)

Although the plaintiff and defendant insurance company have settled their dispute, contingent on this court vacating its earlier order and injunction in this case, the district court denies the motion for vacatur. In the recent Supreme Court decision, U.S. Bancorp ...

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Bankruptcy – Proof Of Claim – Deed In Lieu Of Foreclosure (access required)

Although the creditor took from debtor a deed in lieu of foreclosure, the debtor’s execution of this deed “in partial satisfaction” of a promissory note did not constitute a release of the creditor’s claim, and the creditor nevertheless may file ...

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Criminal – Capital Murder – Intent To Commit Rape (access required)

Although defendant contends the evidence did not show he intended to rape the murder victim, we disagree that a statement evidencing such intent was necessary to establish the requisite intent. And there was sufficient evidence to infer intent where defendant ...

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Negligence – Duty To Warn – Release Of Psychiatric Patient (access required)

The estate of a woman killed by her former boyfriend after his release from a psychiatric hospital cannot sue the hospital and the boyfriend’s doctor for their failure to warn her that the boyfriend had been released. After the decedent ...

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Contract – Lease – Damages – Hypothetical Market Rental Value (access required)

A successor in interest to a commercial landlord for a multi-story office property did not have to prove the “hypothetical market rental value” of the property, which was not completed after a downturn in the Northern Virginia real estate market, ...

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Domestic Relations – Child Support – Burden Of Proof (access required)

The mother bore the burden of proof to show her husband’s noncompliance with a prior court order on her motion for a rule to show cause for child support arrearages. As the moving party, the mother retained the burden to ...

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Workers' Comp – Untimely Claim – Withdrawal Of Original Claim – Claimant's Letter (access required)

Although claimant wrote a letter to the commission requesting withdrawal of the notice and hearing on his original claim for Virginia workers’ compensation benefits after he began receiving benefits in Washington, D.C., there was no order withdrawing the original claim, ...

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