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Opinion Digests

Domestic Relations – Equitable Distribution – Valuation Of Closely-Held Business – Husband's Imputed Income (access required)

Where the lease brokering business which husband and wife created together in 1984 and which had employed both parties was given a value of between $40,000 to $60,000 by husband’s expert witness, who used a “net asset” method of valuation, ...

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Taxation – Real Estate Assessments – Petition To Correct – Limitations (access required)

Where the insurance company on May 17, 1993 filed an application to correct allegedly erroneous real estate assessments for the tax years 1989 through 1992, and the legislature amended the three-year statute of limitations (Va. Code § 58.1-3984(A)) in 1989 ...

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Contract – Agreement To Agree – Variable Fee Negotiation – No Contract (access required)

Where the parties entered into an “asset sale and loan agreement” under which plaintiff would handle defendant’s warranty claims on certain products and defendant would pay both a fixed monthly fee and a “variable” fee set for five years, and ...

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Criminal – Search & Seizure – Pat-Down Search Of Bystander (access required)

Where defendant was standing approximately 10 feet away from the person who was being arrested for the drug sale to an undercover officer, and defendant did not approach the officer, make any move, or interfere with the arrest, the officer ...

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Contract – Indemnity Agreement – Principal's Duty To Investigate – Good Faith (access required)

Where the surety issued performance and payment bonds on the principal’s mowing contract with the North Carolina Department of Transportation, and the surety later paid an equipment company’s claim under the bonds without adequately investigating the amount of the claim, ...

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Commercial – Cable TV Providers – Preliminary Injunction (access required)

Where the magistrate judge granted plaintiff cable television provider a preliminary injunction prohibiting a competitor from operating under exclusive provider agreements it had negotiated with plaintiff company’s apartment customers, the injunction is affirmed. In challenging the injunction, defendant company first ...

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