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Opinion Digests

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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Contract – Limitation Of Practice Covenant – Physician Employees – Fla. Law (access required)

Where defendant health care corporation had a “limitation of practice” covenant in its contracts with physicians who provided medical care at a naval hospital, and this covenant prohibited the physicians from providing any similar medical services at any client facility ...

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Labor & Employment – Airline Pilots' Union – Fragmentation Policy (access required)

In this class-action suit brought by former Eastern airline pilots against their union, this court agrees with the district court that the common-law state claims stated by the pilots are preempted by federal law, that the union did not violate ...

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Bankruptcy – Ch. 7 Conversion – Creditors' Consensus (access required)

Where the largest creditor for debtor, a home improvement company, requested the bankruptcy court to convert the home improvement company’s chapter 11 proceeding to a chapter 7 proceeding or to appoint a trustee, the bankruptcy court erred in dismissing the ...

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