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Opinion Digests

Property – Subdivision Lots – Restrictive Covenants – Necessary Parties (access required)

Where complainant lot owners are suing another lot owner to enjoin defendant owner from subdividing and selling subdivided portions of the owner’s lot in violation of the subdivision’s restrictive covenants, and the respondents then filed their own cross-bill seeking enforcement ...

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Civil Practice – Responsive Pleading – Counterclaim (access required)

Although defendant filed a counterclaim within the 21-day period for filing “responsive pleadings” under Virginia Supreme Court Rules 3:5 and 3:17, the counterclaim is not a “responsive pleading” within the meaning of the Rules and the defendant is in default. ...

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Bankruptcy – Preferential Transfers – Limitations – Appointment Of Trustee (access required)

Where the committee of unsecured creditors brought its action to avoid preferential transfers to another creditor, a sporting goods distributor, more than two years after debtor filed his chapter 11 petition but prior to the appointment of a trustee under ...

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Criminal – Sentencing – Role-In-Offense Adjustment – Co-conspirator's Acts (access required)

Although defendants’ co-conspirator, a newspaper manager who approved fraudulent invoices from defendants’ printing companies, deserved a sentence enhancement under § 3B1.3 for his “abuse of a position of trust,” the manager’s status cannot be attributed to defendants so that their ...

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Contract – Breach – Waiver Of Sovereign Immunity (access required)

Where the Government of Fiji, a foreign state, entered into a consulting contract with a former U.S. ambassador to that country, the contract’s choice of law forum stating that the agreement would be interpreted under Virginia law constituted a waiver ...

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Criminal – Double Jeopardy – Drug Conspiracy & Possession – Acquittal On Deadlocked Count (access required)

Although the trial court entered a “judgment of acquittal” on a charge of possession of cocaine and heroin with intent to distribute after defendant had been acquitted of related possession and conspiracy charges, that “judgment of acquittal” does not present ...

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Civil Practice – Interest – Pre- And Post-Judgment – Rule 59(e) (access required)

Where the district court order awarding plaintiff a sales commission or finding fee for the sale of defendant’s businesses stated that plaintiff was awarded a sum for judgment “plus any appropriate pre-judgment and post-judgment interest at the legal rate,” plaintiff’s ...

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Intellectual Property – Copyright – Video Games – Extra-territorial Injunction (access required)

Although the district court found that defendant video game company’s copyright and trademark infringement of plaintiff Nintendo-America’s video games had a “significant impact on commerce in the United States,” in order to enjoin such practices outside the U.S., in Canada ...

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