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Opinion Digests

Civil Practice – Declaratory Judgment – Improper (access required)

Although the court earlier granted plaintiff’s motion for declaratory relief and determined that defendant’s prior default judgment against plaintiff did not involve fraud, the court concludes on rehearing that plaintiff’s motion is not a proper subject for a declaratory action. ...

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Civil Practice – Lemon Law – Limitations – Failure To List Co-Owner (access required)

Where plaintiff is suing under Virginia’s “lemon law” for her malfunctioning Chevrolet Beretta, the court cannot decide whether plaintiff’s claims are timely filed under that Act and the Virginia Consumer Protection Act because plaintiff has not included in her complaint ...

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Administrative – Public Procurement Act – Computer Contract (access required)

The circuit court declines to reverse a contract awarded by the Virginia Department of Information Technology to intervenor for the installation, testing and maintenance support of an integrated interactive computer system for the Virginia Medical Assistance program to use in ...

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Zoning – Grass Ordinance – Temporary Injunction (access required)

Where the Fairfax “grass ordinance” restricts growth in excess of 12 inches on residential lots under one-half acre in size, the county must demonstrate that its application of the restriction on the basis of lot size is an appropriate exercise ...

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Civil Practice – Nonsuit Of Counterclaim – Sanctions (access required)

Where a Virginia statute, Va. Code § 8.01-380, allows a defendant to nonsuit a counterclaim, the court will grant the defendant/counterclaimant’s motion to nonsuit; however, because the same statute envisions an award of sanctions only in the case of a ...

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Domestic Relations – Child Support Guidelines – Deviation From Guidelines (access required)

Although the statutory child support guidelines would put father’s monthly responsibility for the parties’ children at $1,509, the court will deviate to an award of $1,360 per month, based on extraordinary medical expenses and availability of health insurance. The court ...

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Domestic Relations – Equitable Distribution – Bridal Rings (access required)

Where the trial court earlier indicated during equitable distribution proceedings that husband would be “given credit” for the bridal rings, but wife entered into a retainer agreement with her lawyer in which she conveyed her interest in the rings to ...

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Bankruptcy – Fraudulent Conveyance Suits – Jury Trial – Order Of Reference (access required)

Where the committee of unsecured creditors filed several actions to recover fraudulent conveyances and other claims against defendant officers, directors, insiders and shareholders of the several related entities which filed bankruptcy petitions, the defendants are entitled to a jury trial ...

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Civil Rights – Excessive Force – Qualified Immunity – Supervisory Liability (access required)

Where defendant police sergeant knew of at least three incidents in which defendant officer used excessive force which posed an unreasonable risk of harm to arrestees, evidence indicated that the sergeant responded to such complaints “callously and with apparent amusement,” ...

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