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Opinion Digests

Administrative – Surface Mining Permit – 'Applicant Violator System' (access required)

Where defendant Office of Surface Mining Reclamation & Enforcement placed in a national computerized database called the “Applicant Violator System” a notice that plaintiff mining company had an “ownership link” to another company which had committed state regulatory violations, thus ...

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Tort/Negligence – Limitations – Wrongful Birth – Right To Terminate Pregnancy – Two-Year Limit (access required)

Where plaintiff parents allege that defendant physician advised them that certain prenatal tests were normal, even though properly administered diagnostic tests would have indicated that their daughter had numerous congenital anomalies, and the faulty advice deprived the parents of an ...

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Domestic Relations – Child Support Reduction – Retarded Son – Deviation From Guidelines – No Written Findings (access required)

Where the trial court, in deviating from the statutory child support guidelines to reduce the amount of child support the father owed for his retarded son who had turned 18, failed to make written findings explaining why the presumptive amount ...

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Criminal – 'Stopping On Highway' Statute – Need To Avoid Animal (access required)

Where the undisputed evidence established that defendant stopped on the highway in order to avoid striking an animal, defendant established an affirmative defense to Va. Code § 46.2-888, which prohibits stopping a vehicle in such a manner as to impede ...

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Evidence – Caller ID Device – Telephone Number Admissible – Impeachment – Prior Inconsistent Statement (access required)

Where the trial court admitted testimony from the abduction victim’s father that his “caller ID” device showed that the victim telephoned him from the home of defendant, her boyfriend, at a certain time, this evidence was properly admitted and the ...

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