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Opinion Digests

Domestic Relations – Equitable Distribution – Disproportionate Awards (access required)

Where the trial court ordered husband, who had deserted wife, to pay wife $100 per month spousal support, and also divided proceeds from the sale of the marital home 60-40 between husband and wife, but awarded husband 100 percent of ...

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Search & Seizure – Routine License Plate Check – Evidence Suppressed (access required)

Where the officer learned through performing a license check of an unoccupied car in a convenience store parking lot that the car was owned by an habitual offender who also had an outstanding assault warrant, and that the owner was ...

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Commercial – Mechanic's Lien – Apportionment (access required)

Where the complainant iron works company’s work benefitted all 46 lots in a subdivision, not just the 10 lots owned by the trustee for the joint venture, the company’s mechanic’s lien failed to properly apportion the labor and materials furnished ...

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Contract (310442) (access required)

Interference With Real Estate Contract Where the owner attempted to sell his lot to a buyer who agreed to purchase contingent on the buyer also being able to purchase an adjacent lot owned by Citibank, but during negotiations between the ...

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Civil Practice – Small Claims Court – Constitutionality – Special Legislation (access required)

Although plaintiff contends that legislation authorizing small claims courts in larger municipalities that meet certain population criteria, Va. Code § 16.1-122.1, is “special legislation” in violation of Article IV, § 14 of the Virginia Constitution, the plaintiff has failed to ...

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Commercial – Guaranty – Right Of Contribution (access required)

Where the plaintiff and defendant each signed separate guarantees in favor of the beneficiary but neither guaranty specified that the liability created by the guaranty was joint and several with that of other guarantors, plaintiff does not have a “common-law ...

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Workers' Comp – Change In Condition – Pre-Injury Work Unavailable (access required)

Where claimant, a training center developmental aide who injured her back while moving a patient, has some work restrictions, but can perform the pre-injury work which is no longer available, and no selective work has been provided by the employer, ...

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