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Opinion Digests

Property – Residential Real Estate – Fraud – Flooding In Basement (access required)

Where plaintiff buyer’s evidence showed that defendant property owner, a licensed plumber, had used a sump pump to remove water from the basement and had repaired and painted over water damage, but the owner felt he had no obligation to ...

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Civil Practice – Sanctions Under Va. Statute – Circuit Court Appeal (access required)

Where the general district court granted judgment for plaintiffs on their warrant in debt, and also awarded plaintiffs sanctions in the amount of $1,500, allegedly because of false and misleading information given to plaintiffs by former counsel for defendant, defendants ...

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Insurance – Household Member – Daughter's Residence (access required)

Although defendant driver periodically left her parents’ home during the two years after her high-school graduation in order to stay temporarily with friends because the defendant was “unable to conform to her parents’ concept of acceptable conduct for a young ...

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Criminal – Eyewitness ID Expert – Province Of Jury (access required)

Although defendant in this criminal case requests appointment of an eyewitness identification expert, the court concludes that the probative value of any proffered expert testimony would be counterbalanced and outweighed by its prejudicial effect on the jury, and expert testimony ...

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Negligence – Auto Accident – Employer's Failure To Investigate Driver – Punitive Damages (access required)

Although plaintiff in this automobile accident case seeks punitive damages on the ground that defendant employer did not investigate the qualifications of defendant driver, its employee, the claim is struck because plaintiff has not alleged that the employer ratified or ...

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Domestic Relations – Equitable Distribution – Late Documents (access required)

Although husband sought after the equitable distribution hearing to submit additional evidence on his claim that he had paid certain marital debts from the military “Special Separation Bonus” he received as a retirement benefit, the court on reconsideration agrees with ...

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Workers' Comp – Occupational Hearing Loss – Rating Table (access required)

Where medical evidence revealed that the coal mine worker had an average decibel loss of less than 27 in each ear, his hearing loss does not meet the minimum standard established in the Hearing Loss Table incorporated as Rule 12 ...

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Civil Rights – Police Officers' Polygraph Tests – Qualified Immunity (access required)

In this suit by several police officer who were required to take polygraph tests during an investigation of a shooting, the district court erred in ruling that defendant prosecutor was not entitled to qualified immunity in the officers’ suit under ...

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