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Opinion Digests

Criminal – Grand Larceny – Valuation (access required)

Although the commonwealth introduced photographs of the stolen items, and their owner testified that all were in good working condition and gave an approximate value of $50 for one of the items, there was insufficient evidence from which the jury ...

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Domestic Relations – Spousal Support – Reduction After 12 Months (access required)

Where the trial court awarded wife $2,000 per month in spousal support, but provided that the amount would decrease to $1,500 per month after 12 months, this reduction was reversible error. We have held that the court in setting spousal ...

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Criminal – Possession Of Stolen Property – Pawn Ticket (access required)

Where defendant was found in possession of a pawn ticket memorializing his pawning a few days later of property stolen in a burglary, this evidence was sufficient to prove his possession of the stolen property. The ticket was issued under ...

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Domestic Relations – Property Settlement Agreement – Unconscionability (access required)

Where a wife contends that a property settlement agreement should not be enforced because the judge did not conduct a full hearing, the statute governing bifurcation was changed before the agreement was incorporated into a divorce decree, and she did ...

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Workers' Comp – Occupational Disease – Injury Or Disease (access required)

We remand this case to the commission to determine whether claimant’s condition is a noncompensable injury by cumulative trauma, as contemplated in Merillat Industries Inc. v. Parks, 246 Va. 429 (1993), or a compensable disease, within the intendment of Code ...

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Insurance – Bad Faith – Failure To Make Medical Payments (access required)

Where the insurance company’s refusal to pay the plaintiff’s medical payments benefits was not made in good faith, the plaintiff is awarded $3,399.56, which includes her attorney’s fees of $2,449 as well as costs in bringing suit; plaintiff also is ...

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Contract (access required)

Promissory Estoppel Although defendant contends Virginia courts do not recognize the doctrine of promissory estoppel, the demurrer on that ground is overruled because it is not strictly clear that such a cause of action is not permitted. No Virginia cases ...

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Commercial – Warranties – Aluminum Siding (access required)

Where the condominium association contracted with defendant for installation of aluminum siding and gutters, but the association noticed numerous defects in the product and workmanship within one year of the installation of defendant’s product, the court concludes that the defects ...

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Property – Municipal – Taking – Denial Of Site Plan (access required)

The county’s denial of the developer’s sixth site plan is not a taking of the developer’s property without just compensation or due process because the plan’s deficiencies included an improper proposed frontage, as well as problems with drainage, detention, berms ...

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Civil Practice – Service Of Process – Nonresident – Service On DMV – Virginia Address Used (access required)

Where plaintiff in this automobile accident case made several unsuccessful attempts to serve defendant in person at a Virginia address and by substituted service, and plaintiff then filed with the court an affidavit of nonresidence detailing his efforts at service ...

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