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Opinion Digests

Commercial – Lease – Refusal To Consent To Sublease (access required)

Where neither the landlord nor the tenant were certain when the 20-year leasehold would expire, and the landlord responded to tenant’s request to sublease the premises with a letter stating the premises could not be sublet because the lease had ...

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Medical Malpractice (310457) (access required)

Repeal Of Tolling Provisions Although defendant may amend her grounds of defense to assert the statute of limitations, based on the repeal of the Medical Malpractice Act’s tolling provision in Va. Code § 8.01-581.2, the court concludes that the plaintiff ...

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Criminal – Welfare Fraud – Income From Job – Proving Receipt Of Income (access required)

Where the commonwealth, in prosecuting defendant for welfare fraud under Va. Code § 63.1-112, had her supervisor testify about her salary and authenticate her time cards, but the commonwealth inexplicably failed to prove the income received by defendant while working ...

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Attorneys – Disqualification – Conflict Of Interest – Real Estate & Divorce (access required)

Although wife’s counsel’s former and current law partners previously represented defendant husband in a real estate conveyance, creation of a family trust and general representation of a corporation in which the defendant was a one-third shareholder, wife’s counsel need not ...

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Workers' Comp – Safety Rule – Tying Off Ladder (access required)

Although claimant electrician was aware of his employer’s safety rule requiring ladders to be tied off, the claimant never reached the point on the ladder at which the safety rule became operative, i.e., at which he could tie off the ...

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Labor & Employment – Collective Bargaining Agreement – Arbitration (access required)

Where the parties’ collective bargaining agreement called for arbitration of “unresolved issues in negotiations,” but the union failed to timely invoke a contractual provision which allowed it to initiate negotiations for a new agreement after the electrical company terminated the ...

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Labor & Employment – State Employee's Termination – Hatch Act Violation – Political Activities – Stay Of Termination Order (access required)

Where plaintiff, who worked for a state agency which administered federal funds, was ordered terminated from her position by the Merit Systems Protection Board after plaintiff ran for state office in violation of the Hatch Act, 5 U.S.C. § § ...

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Tort/Negligence – Contract – Pleading – Service Station Contract (access required)

Where plaintiff, the former operator of an Exxon service station, alleged various tort theories and claims for punitive damages arising from his conflict with the company over its termination of his distributorship and subsequent attempt to remove its underground storage ...

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Environmental – State Water Quality Standards – Maryland & Virginia Dioxin Standards (access required)

Although the plaintiff environmental groups argue that the federal Environmental Protection Agency was unduly deferential to the states of Maryland and Virginia in establishing permissible levels of dioxin in water under the federal Clean Water Act, the district court applied ...

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