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Opinion Digests

Domestic Relations – Property Settlement – Bankruptcy Discharge (access required)

Although a bankruptcy court discharged husband’s debts to his wife under the parties’ property settlement agreement, the rescission clause in that agreement did not preclude the state divorce court from ordering husband to pay wife a monetary award when it ...

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Workers' Comp – Injury By Accident – Lifting – Health Care Worker (access required)

Where claimant experienced sudden acute lower back pain as she arose from a squatting position in which she had been replacing 15-pound oxygen tanks on an infant resuscitator cart, she demonstrated an identifiable incident that constituted an injury by accident ...

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Traffic Offenses – DUI – Loss Of Blood Vial (access required)

Where loss of defendant’s blood vial sent to the independent laboratory of defendant’s choosing was unexplained, his DUI conviction is reversed and the case dismissed. This case is controlled by our decision in Shoemaker v. Commonwealth, 441 S.E. 2d 354 ...

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Criminal – First-Degree Murder – Cross-Exam Of Witness – Dispute Between Witness & Wife (309805) (access required)

1994 V.C.C. (VLW 094-8-189) Self v. Jenkins Commercial Mechanic’s Lien – Date Due And Payable Defendant owner’s demurrer to a general contractor’s bill to enforce a mechanic’s lien is sustained and the bill dismissed because the lienor failed to include ...

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Landlord/Tenant – Liquidated Damages – Rent Reduction (access required)

Where the liquidated damages provision in the parties’ rental agreement reflects the concern of the tenant, a hairdresser, over the impact on its business of the continued presence of an “outside storage yard,” the damages provision is not an unenforceable ...

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Contract – Promissory Estoppel – Subcontractor's Promise (access required)

Where plaintiff has alleged that the defendants promised that they would deliver the digitizers if plaintiff was awarded a certain Air Force contract, that the defendants broke their promise by not delivering the digitizers, that plaintiff justifiably and reasonably relied ...

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Bankruptcy – Automatic Stay – Refiling State Action (309853) (access required)

1994 V.C.C. (VLW 094-8-208) Sugarland Plaza Ltd. Partnership v. Hechinger Co. Civil Practice Injunction – Lease Termination Where the landlord has filed an unlawful detainer action and desires to terminate the lease due to alleged environmental contamination, the tenant businesses ...

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Commercial – Domestic Relations – Parents' Down Payment – Demand Note – Infancy Defense (309869) (access required)

1994 V.C.C. (VLW 094-8-260) Rogal v. Hughes and Smith Inc. Partnership Limited Partnership – General Partner Sued Where complainants have filed a derivative action on behalf of their partnership, asserting that the limited partnership suffered injury as a result of ...

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Intellectual Property – Color Transparencies – Conversion – Bailment (309885) (access required)

1994 V.C.C. (VLW 094-8-209) Peterson v. Fairfax Hosp. Civil Practice Discovery – Attorney-Client Privilege – Crime-Fraud Exception Where plaintiffs allege defendants committed fraud in representing to them, as parents, and to the general public, that an unknown interloper had entered ...

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Commercial – UCC Warranties – "Mixed" Contract – Contract To Pave Parking Lot (access required)

In this suit alleging that plaintiff paving company, hired to pave defendant’s parking lot, breached the contract and breached certain warranties under the Uniform Commercial Code, the Circuit Court holds that the UCC may apply to this “mixed contract,” but ...

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