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Opinion Digests

Civil Practice – Abstention – Personal Jurisdiction – Transacting Business – Franchise Housecleaning Operation (access required)

Where defendant, a franchisor of the “Maid Brigade” housecleaning operation, is located in Georgia but initiated contacts with Virginia plaintiffs to invite them to become subfranchisors of the operation in Virginia, and the franchisor had extensive phone, mail and fax ...

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Environmental – Timber-Cutting Plan – Arbitrary & Capricious Standard (access required)

Where plaintiff seeks a preliminary injunction to prevent defendant U.S. Forest Service from implementing a plan for sale of “even-age” timber from the George Washington National Forest, the Service is entitled to summary judgment on plaintiff’s claims that the proposed ...

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Bankruptcy – Debt Of Garnishee – Post-Petition Collection Efforts (access required)

Where the creditors obtained a pre-petition judgment against the chapter 7 debtor’s employer for the employer’s failure to respond to the garnishment summons, and the creditors continued their efforts to collect from the employer even after the discharge in bankruptcy, ...

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Contract – Labor & Employment – Non-Compete Agreement (access required)

Where plaintiff insurance sales firm sued two former employees alleging breach of an employment contract, conspiracy to interfere with the firm’s contractual relations with its pension plan customers, intentional interference with the firm’s business relations with its pension plan customers ...

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Civil Practice – Racial Bias In Jury Selection – 'Sense Of Jurors' – Reasons For Strike Not Race-Neutral (access required)

Where defense counsel in this automobile liability case struck all three African-American members of the venire, and offered as his reasons, “just intuitive reasons, the way people look, they-just a sense…,” and also made a general reference to their occupations, ...

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Criminal – Sentencing – Prior Acquittal On Different Charge (access required)

Where the trial court, in sentencing defendant on his plea of guilty to solicitation to commit a felony and grand larceny, considered defendant’s prior acquittal on another criminal charge as part of the “history of the accused” under Va. Code ...

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