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Opinion Digests

Criminal – Sentencing – Bank Fraud – Diversion Of Loan Payments – Jury Instructions (access required)

Where defendant company owners’ bank loan was secured by proceeds from defendants’ equipment installation contracts, and the loan called for contract payments to be made jointly to defendants and to the bank, but defendants diverted payments on several contracts to ...

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Criminal – Habeas Corpus – Procedural Default – Brady Claim (access required)

Although petitioner contends the prosecution was obliged under Brady v. Maryland, 373 U.S. 83 (1963), provide him with a copy of a prosecutor’s letter indicating a prosecution witness had suggested two possible motives for the murder with which petitioner was ...

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Corporate – Corporate Counsel – Qui Tam Action (access required)

Where a lawyer who formerly served as in-house counsel for the defendant computer equipment company brought a qui tam “false claims” action against the company on behalf of the United States, the lawyer is not eligible to serve as a ...

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Contract – Health Care – PPO – Physician Discipline (access required)

Where plaintiff physician was disciplined by the Virginia Board of Medicine and has not presented any documentation indicating she received treatment for the condition for which she was disciplined, the denial by defendant, a managed health care company, of plaintiff’s ...

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Bankruptcy – Accounting Fees – Preparation Of Tax Returns (access required)

Where appellant accounting firm was hired by the bankruptcy trustee to prepare tax returns for the estate, but the firm said it could not file the returns with the figures it had, and it performed certain audits which the trustee ...

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Bankruptcy – Avoidance Of Transfers – Delivery Of Check (access required)

Where the liquidating trust contends that certain transfers made by debtor to a creditor during the 90-day preference period may be avoided under 11 U.S.C. § 547(b), in applying the “new value” exception of § 547(c)(4) to the avoidance rule, ...

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Zoning – Substandard Lot – Setback Line (access required)

Where the city planning director told the purchaser of an undeveloped lot that the lot did not meet the zoning ordinance’s lot width requirements when measured by the “fixed point measurement method,” but that the director would only apply that ...

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Domestic Relations – Desertion – Prior Discussions About Separation (access required)

Although husband claims wife deserted the marriage, the trial court did not err in awarding the wife a divorce based on a one-year separation where the parties had had intense discussions regarding separation for at least months before the separation, ...

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