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Opinion Digests

Criminal – Joinder – Threat To Burn House – Attempted Murder (access required)

Where defendant is charged with both threatening to burn a structure in which his wife resided and with attempted murder of his wife, arising from the actual burning of a house in which she was staying, these charges from separate ...

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Civil Practice – Venue Transfer – Preferred Venue – Forum Non Conveniens (access required)

Although the Norfolk Circuit Court was the “preferred venue” under the Virginia Tort Claims Act, Va. Code § 8.01-261, for this medical malpractice case, the circuit court nevertheless will apply the forum non conveniens statute, Code 8.01-265, and transfer venue ...

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Employment – Political Discharge – Legislative Immunity (access required)

Where plaintiff, a Republican, alleged that defendants, six county board members who are all Democrats, terminated him from his position as superintendent of public works for the county because of his political affiliation, the district court did not err in ...

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Employment Discrimination – Age – Individual Liability (access required)

Although defendant vice-president, who had remarked that “there comes a time when we have to make way for younger people,” was the person who decided to discharge plaintiff employees, the vice-president was not a proper defendant in this action under ...

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Commercial – Fair Debt Act – Child Support Payments (access required)

Where the collection agency hired by the Commonwealth of Virginia to collect delinquent child support payments sent letters to plaintiff fathers, those letters are not subject to the Fair Debt Collection Practices Act, 15 U.S.C. § § 1692-1692o, because the ...

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Employment – Pension Plan – Vested Interests – Plan Deficit (access required)

Although the plaintiffs’ employer had paid over $600,000 in contributions to the multi-employer pension plan, and the plan itself had over $11 billion in assets, plaintiffs nevertheless are not entitled to the over $200,000 in benefits they had accrued at ...

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Workers' Comp – Black Lung – Mining – Electrical Construction Worker (access required)

Where claimant worked on various electrical construction projects in and around coal mines and coal preparation facilities for 12 of the 20 years he worked for defendant employer, the electrical construction worker qualifies as a “miner” eligible for black lung ...

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Taxation – Investment Tax Credit – Self-Service Carwashes – Depreciation (access required)

Although the taxpayers’ self-service carwashes, four purchased and four built by the taxpayers, do not qualify in whole as property eligible for “section 38” investment tax credit and for treatment normally accorded personal property for depreciation purposes for certain tax ...

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