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Opinion Digests

Property – Trespass – Convenience Store – Gas Pump Lease – Lost Profits (access required)

Where the convenience store owner trespassed against the gasoline concession lessee by entering upon the leased real estate to remove the lessee’s equipment after the convenience store assets were sold, the lessee is not entitled to recover lost profits for ...

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Workers' Comp – Refusal Of Selective Employment – Cure – Discharge For Cause – Forfeiture (access required)

Although claimant failed to report for light-duty employment after her doctor released her for light work, and the employer then discharged claimant for failure to report to work three days in a row without notice, despite claimant having informed the ...

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Criminal – Driving On Suspended License – Leaving Unattended Vehicle (access required)

Where the state trooper discovered an unattended, disabled vehicle in the roadway, and when defendant appeared 15 minutes later he initially admitted driving the car although the trooper discovered defendant’s driver’s license had been suspended, the trooper acted properly in ...

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Domestic Relations – Support Order – Contempt – Arrearage (access required)

Where the trial court’s final order setting husband’s support arrearage is inconsistent, we will amend such order to provide the arrearage to be the lower figure of $9,875; also, we cannot say that the trial judge’s findings supporting the contempt ...

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Workers' Comp – Employer's Voluntary Payments – Change Of Condition (access required)

Where the employer voluntarily paid claimant temporary total disability benefits through Jan. 28, 1992, but no memorandum or agreement was filed under Code § 65.2-701, and the employer later terminated claimant’s benefits after she received a report authorizing her to ...

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Criminal – DUI – Availability Of Blood Test – Reversal (access required)

Where defendant, when arrested for DUI, requested a blood test and said that he had only consumed one beer and taken some pain medication, but the commonwealth offered no evidence to establish that the blood test was unavailable, defendant’s DUI ...

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Criminal – Use Immunity – Multi-Jurisdiction Grand Jury – Forged Prescriptions (access required)

Where defendant testified before a multi-jurisdiction grand jury on various drug-related charges, she was entitled only to use immunity under Va. Code § 19.2-215.7 and her later conviction for uttering forged prescriptions to obtain controlled substances is affirmed because her ...

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