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Opinion Digests

Workers' Comp – Refusal Of Selective Employment – Cure – Res Judicata – Back Injury (access required)

Where claimant, who had sustained a compensable injury to her back, cured her unjustified refusal of employment by accepting other employment and entered into a memorandum of agreement with employer regarding benefits, then claimant left that employment due to her ...

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Municipal (access required)

Public Hearing On Bond Issue A petition filed in circuit court by the Economic Development Authority for the validation of lease revenue bonds need not be dismissed because the EDA has not held a public hearing on the bond issue. ...

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Contract – Administrative – Government Contract – Highway Toll System – Injunction (access required)

Where plaintiff is challenging the method by which the Virginia Department of Transportation awarded a contract for construction of an automatic toll collection system, the circuit court grants plaintiff a preliminary injunction to prevent the contractor who won the contract ...

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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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