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Opinion Digests

Civil Practice – Voluntary Dismissal – Related State Court Suit – Adoption Of Discovery (access required)

Although defendant contends that plaintiff’s voluntary dismissal of its lawsuit in favor of a related suit filed in state court will prejudice defendant because discovery already has been completed in the federal case, the district court accepts the recommendation of ...

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Attorneys – Withdrawal From Representation – Fee Payment Dispute – CERCLA (access required)

Although the client, a real estate partnership involved in environmental cleanup litigation under CERCLA, contends that its engagement letter with its law firm was modified by the firm’s mention of case law indicating attorney’s fees might be recovered from a ...

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Partnership – Commercial – Charging Order (access required)

Where plaintiff bank seeks a charging order against the judgment debtor’s limited partnership interests, but the debtor assigned her interest in partnership proceeds back to the partnership in order to pay off a loan, and the partnership perfected its interest ...

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Banks & Banking – Check Collection – Restrictive Indorsements – Depositary Bank Warranties (access required)

Although the lender bank placed a conditional indorsement on the cashier’s check requiring the payee automobile dealership to record a first lien in favor of the lender, this was not a restrictive indorsement under the Uniform Commercial Code’s regulation of ...

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Civil Practice – Municipal – Habitual Offender – Fairfax Ordinance – Prospective Adoption – Dillon Rule (access required)

Where two of respondent’s predicate convictions in this habitual offender proceeding were under a local Fairfax DUI ordinance, which was amended June 9, 1987, before respondent’s July 4, 1987, DUI offense, to incorporate by reference amendments to the state DUI ...

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Criminal Procedure – Discovery – Prosecutor's Prejudicial Information – Judge's Comments (access required)

Although defendant’s statement to police, that he was holding the drugs and guns found in his girlfriend’s apartment for a friend, was not exculpatory as to defendant’s guilt on firearms possession charges, the evidence was exculpatory as to punishment because ...

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