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Opinion Digests

Civil Rights – Prison Conditions – Suit Against Corrections Investigator – Retaliation (access required)

Where plaintiff inmate alleges that defendant, a correctional official, while investigating plaintiff’s charge of sexual assault by another inmate, discovered in plaintiff’s cell papers indicating the inmate was filing a lawsuit naming as defendants the investigator and another correctional official, ...

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Bankruptcy – Equity In Residence – Judgment Lien – Lien Avoidance (access required)

Where debtors previously had received a discharge in chapter 7, and after the insurance company and the bank proceeded to liquidate debtors’ residence to satisfy judgment liens, debtors then filed for chapter 13 relief, debtors had no equity in the ...

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Negligence – Virginia Tort Claims Act – Sovereign Immunity – Execution Of Court Order (access required)

Where the administrator’s decedent was admitted to a state mental hospital on a general district court’s “Civil Mental Temporary Detention Order,” and the administrator alleged the state hospital failed to provide adequate care when the decedent became agitated and later ...

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Insurance – UM Carrier – Defense Of Carrier's Interest – Control Of Litigation (access required)

Where defendant driver wished to admit liability for the automobile accident in which plaintiff, her cousin, was injured, but the plaintiff’s uninsured motorist carrier wanted to litigate the defenses potentially available to defeat the plaintiff cousin’s claim, the trial court ...

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Property – Sale of Land – Waste & Unappropriated Land (access required)

In this appeal in a suit brought under Va. Code § 41.1-16 to sell “waste and unappropriated” land located on House Mountain in Rockbridge County, the trial court did not err in holding the 103-acre tract in question to be ...

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Search & Seizure – Identity Of Tipster – Cocaine (access required)

Although defendant argued he was entitled to learn the identity of the citizen who tipped off police about his alleged cocaine sales in a particular two-block area because the citizen might have seen what happened when defendant was arrested and ...

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Domestic Relations – Custody Change – Mother Moving Out-of-State – Separation From Half-Siblings (access required)

Where the non-custodial father asserts that the mother’s proposed relocation out-of-state is not in the child’s best interests, but the mother argues that the child should not be removed from her family which includes the child’s half-siblings, the trial court ...

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Workers' Comp – Claimant's Relocation – Panel Physician (access required)

Although claimant relocated from Northern Virginia to the Tidewater area, she was not required to select a new treating physician from the employer’s panel. Claimant testified that even though she had moved from the Northern Virginia area she preferred to ...

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