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Opinion Digests

Criminal – Other Crimes – Attempt To Impeach – Reversal (access required)

Where the trial judge allowed the commonwealth on rebuttal to prove defendant had been present at a store near the Pizza Hut which had been robbed on an evening two weeks prior to the Pizza Hut robbery in order to ...

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Criminal – Arson – Sufficiency – Appeals – Rule 5A:18 – Origin Of Fire (access required)

Although defendant did not object when the firefighter first testified that investigation of the fire had “eliminated the source as anything other than an incendiary fire, and defendant first objected when the firefighter was asked about any evidence indicating the ...

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Evidence – Attorney-Client Privilege – Crime-Fraud Exception (access required)

Where plaintiff parents are seeking certain documents from defendant hospital in connection with the parents’ suit alleging that the hospital fraudulently misrepresented to them that an independent criminal actor might have been responsible for the administration of an adult-strength dose ...

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Domestic Relations – Equitable Distribution – Spousal Support – Change In Circumstances – Wife's Inheritance (access required)

Although the husband asserts that the death of wife’s mother, which occurred two years after their separation, may result in wife’s inheritance of approximately $25,000 to $40,000 which the court should take into consideration in a re-determination of equitable distribution ...

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Labor/Employment – Comp Bar – Assault & Battery – Negligent Hiring (access required)

Where plaintiff, a newspaper pressman, is suing defendant newspaper for assault and battery and negligent hiring, alleging that his supervisor on various occasions “goosed” him, his tort suit against the newspaper is not barred by the Virginia Workers’ Compensation Act. ...

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Contract – Indemnity Agreement – Principal's Duty To Investigate – Good Faith (access required)

Where the surety issued performance and payment bonds on the principal’s mowing contract with the North Carolina Department of Transportation, and the surety later paid an equipment company’s claim under the bonds without adequately investigating the amount of the claim, ...

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Commercial – Cable TV Providers – Preliminary Injunction (access required)

Where the magistrate judge granted plaintiff cable television provider a preliminary injunction prohibiting a competitor from operating under exclusive provider agreements it had negotiated with plaintiff company’s apartment customers, the injunction is affirmed. In challenging the injunction, defendant company first ...

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