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Opinion Digests

Domestic Relations – Spousal Support – Mortgage (access required)

Although the trial court did not explain what weight it gave each spousal support factor in Va. Code § 20-107.1, the court is not required to do so as long as evidence supports the award, as it does here. The ...

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Workers' Comp – Chiropractic Treatment – Referral – Authorized Physician (access required)

Where claimant’s chiropractor was identified as a treating physician in the employer’s first report filed with the commission, and claimant’s treating neurologist told him he should continue chiropractic treatment as long as it was helpful in alleviating his pain, claimant’s ...

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Workers' Comp – Causation – Sudden Mechanical Change – Back Pain – Pre-Existing Condition (access required)

Where claimant sustained an industrial accident, but his treating orthopedist attributed claimant’s back pain to his pre-existing weak back for which the orthopedist had previously treated claimant, the commission properly found that claimant failed to prove an injury causally connected ...

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Criminal – Voluntary Manslaughter – Self-Defense – Duty To Retreat (access required)

Where the trial judge found that the victim initially assaulted defendant with a knife, the court erred in then holding that defendant was required to “stop right there” after disarming the victim and in consequently convicting defendant of voluntary manslaughter. ...

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Civil Practice – Habitual Offender – Prior Offenses (access required)

Where respondent’s original DUI conviction under Fairfax County Code § 82-4-17 will not count as a predicate conviction in this habitual offender proceeding, the conviction also may not be used as a “prior offense” under Va. Code § 46.2-351(3), thus ...

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Insurance – Life – Children's Rider – Child Of Divorced Mother (access required)

Where a husband obtained a life insurance policy in 1980 which included a Children’s Term Life Insurance Benefit Rider, but after the husband and wife divorced in 1985, the mother remarried and bore another child who died in 1987, that ...

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Negligence – Auto Accident – Caravan – Contributing Tortfeasors (access required)

Where defendant was operating the leading vehicle in a caravan of three vehicles, all members of the same organization headed for the same destination and all speeding at 80 miles per hour in a 55 mph zone, and the second ...

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Tort – Fraud – Indemnification (access required)

Although the third-party defendant demurs to this suit for indemnification on the ground that the defendant/third-party plaintiff is guilty of active negligence and therefore may not obtain indemnity from any other defendant, and that since the original motion for judgment ...

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Tort – Business Conspiracy – Statute Of Limitations (access required)

Where this suit alleging conspiracy to injure plaintiff’s business in violation of Va. Code § § 18.2-499 and -500 was remanded from the Virginia Supreme Court, and since the earlier injuries alleged in the amended motion for judgment were incurred ...

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Tort (access required)

Civil Conspiracy Although plaintiffs have based their claim for conspiracy to injure another in trade, business or profession on alleged prior false testimony, this count is not barred by the general rule that perjury may not be the basis for ...

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