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Opinion Digests

Civil Practice – Notice Of Removal – 30-Day Time Limit (access required)

Where defendant noticed removal to federal court within 30 days of service of the initial pleading, but defendant actually was in possession of the pleading more than 30 days before notice of removal, since it had copied the motion for ...

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Tort\Negligence – Contract – Insurance Agent – Action For Commissions – Underwriters' Failure To Provide Rate Quote (access required)

Where plaintiff insurance agent sues defendant insurance company in contract and tort for the company’s alleged failure to obtain approval from the company’s underwriters for quoted rates for a benefits package for a client nursing home’s employees, and as a ...

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Civil Practice – Settlement – Fraudulent Procurement – Rescission – Tender Of Settlement Amount (access required)

Where plaintiff, a former salesman for defendant company, settled his breach of contract action against the company for commissions owed, but later sued for rescission of the settlement on the ground that defendant company had substantially understated the sales on ...

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Tort/Negligence – Premises Liability – Slip & Fall (access required)

Although plaintiff alleged that persons entering the downtown Richmond office building where she worked either tracked water into the building lobby or shook water from their umbrellas, leaving puddles on the floor, and that the defendant owner and building maintenance ...

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Workers' Comp – Change In Condition – Return To Pre-Injury Work – Coal Miner (access required)

Although an independent medical examiner concluded that claimant coal miner’s psychiatric condition was “characterological” and not the attributable to his 1988 industrial accident, the commission did not err in rejecting that opinion in favor of the contrary medical opinion and ...

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Criminal – Search & Seizure – Fast Food Parking Lot (access required)

Where the police officer merely heard defendant talking loud near the drive-through lane of a fast-food restaurant, but the officer could not hear what defendant was saying and otherwise had no basis to suspect alcohol intoxication prior to positioning his ...

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Criminal – Cocaine Possession – Sufficiency – Auto Passenger – Reversal (access required)

Although defendant was a passenger in an automobile which an officer approached after tracking it down subsequent to receiving a tip that two men in the automobile were smoking crack cocaine, there nevertheless was insufficient evidence that defendant was aware ...

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