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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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Labor & Employment – Arbitration Award – Preliminary Injunction – Employees Return To Work (access required)

Where the district court, in considering a union’s request for a preliminary injunction to enforce an arbitration award which allowed a bulldozer operator to return to work with the coal company, failed to apply the applicable standard from the Norris-LaGuardia ...

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Civil Rights – State's Custody Of Child – Va. Statute (access required)

Where a Virgin social worker seized a ten-year old boy as he walked from his school bus stop to his home, and based on a complaint to the Department of Social Services that the boy was home alone in the ...

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