Quantcast
Home / Opinion Digests (page 3571) /

Opinion Digests

Evidence – Other Crimes – Burglary & Robbery (access required)

At defendant’s trial on abduction and robbery charges, the trial court did not abuse its discretion in admitting evidence of a similar robbery committed by defendant. Both cases that defendant allegedly committed involved forced entry into ground-level residences while the ...

Read More »

Criminal – First-Degree Murder Of Wife – Defendant's Lapses Into Spanish – Repetitive Testimony (access required)

Where defendant became very emotional during his testimony at his trial for the first-degree murder of his wife and occasionally reverted to speaking in Spanish, and defense counsel had to go over defendant’s testimony several times to make sure the ...

Read More »

Workers' Comp – Slip & Fall – Injury By Accident – Unwitnessed Accident – Prior Accident (access required)

Although claimant previously had reported a similar unwitnessed on-the-job fall, the earlier incident did not render his testimony about his more recent unwitnessed fall inherently incredible as a matter of law, and his testimony about the fall constitutes credible evidence ...

Read More »

Taxation – Refund Of Sales & Use Tax – Exemption For Chemical Additives (access required)

Where the chemical company seeks a refund of certain sales and use taxes on the grounds that chemical additives used in its manufacturing processes are exempt under either the “direct use” exemption of Va. Code § 58.1-602, or the “enter ...

Read More »

Civil Practice – Sanctions Under Va. Statute – Nonsuit (access required)

Where defendant moves for sanctions, alleging that plaintiff’s “motion and order of nonsuit, along with the suit for divorce filed in the State of Maryland, were interposed to harass, cause unnecessary delay and/or needless increase in the cost of litigation,” ...

Read More »

Tort – Tortious Tickling – Police Intern – Sovereign Immunity (access required)

Where plaintiff alleges that while she served as a volunteer police intern, three police officers tickled her, placed handcuffs on her and dragged her across the floor, these alleged acts occurred outside the scope of the officers’ employment and defendant ...

Read More »

Insurance – Judgment Creditor – Third-Party Beneficiary Of Insured's Contract (access required)

Where the tortfeasor’s auto liability insurance company refused to defend the tortfeasor and plaintiff obtained a judgment against the tortfeasor for his injuries, the plaintiff may now sue the tortfeasor’s insurance company for breach of its insurance contract with the ...

Read More »

Employment – Employee Health Plan – Lien On Tort Recovery – Attorney's Fees (access required)

Where plaintiff, an employee group health plan, seeks full reimbursement for medical expense from each of two defendants who obtained personal-injury settlements in separate lawsuits for two different accidents, the plan is not entitled to a full reimbursement for all ...

Read More »