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Opinion Digests

Tort/Negligence – Civil Practice – Pleading – Tortious Interference (access required)

Where plaintiff has failed to allege particular contracts with which defendant tortiously interfered, the court sustains defendant’s demurrer to that count of the motion for judgment. In order to state a cause of action for tortious interference under Virginia law, ...

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Commercial – Mechanic's Lien – Unlicensed Contractor (access required)

Where the unlicensed contractor was acting on his own in the construction of petitioners’ home, and he is the person who undertook to construct the home, but he had neither actual nor apparent authority to contract on behalf of the ...

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Domestic Relations – Child Support – One Child Reaches Majority – Need For Court-Ordered Modification – No Credit For Voluntary Payments (access required)

Where the Kentucky divorce order required father to pay unitary child support of $600 for the parties’ two children, but when the older child turned 18 and graduated high school, the father unilaterally reduced his monthly support payments by one-half, ...

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Contract – National Health Service Scholarship – Default On Service Obligation – Contract Defenses (access required)

Although the physician who received scholarship support through the National Health Services Corps Scholarship program practiced medicine in an area adjacent to the District of Columbia location where she originally was supposed to serve, this service did not fulfill her ...

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Contract – Government Contract – Overcharging – Qui Tam Action (access required)

Although the United States missed both the original and extended deadlines under 31 U.S.C. § 3730 for filing its election to intervene in this qui tam action against a government contractor, the government’s failure to timely comply with the statute ...

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Criminal – Habeas Corpus – Abuse Of Writ (access required)

Where petitioner has not stated a “cause” for his failure to raise in his first two habeas petitions, his claims that he was incompetent to stand trial and his counsel was ineffective in not raising the incompetency claim the third ...

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Criminal – Kidnapping Statute – Consensual Trip (access required)

Although defendant contends he cannot be convicted of kidnapping under the Federal Kidnapping Act, 18 U.S.C. § 1201(a), because the fact that his former girlfriend did not take advantage of opportunities to escape meant she was on the trip voluntarily, ...

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Property – Commercial – Cable TV Access – Utility Easements (access required)

Where a 1955 utility easement in a West Virginia subdivision allowed the “installation, erection, maintenance, repair and operation of electric transmission and distribution pole lines, and electric service lines, with telephone lines thereon,” this easement, interpreted under West Virginia law, ...

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