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Funeral Attendee Not VFW Agent (access required)

By Deborah Elkins
Published: May 14, 2013
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Plaintiffs have not shown that an individual defendant was acting as an agent of the local or national Veterans of Foreign Wars organizations when he attended funerals, and the Wise County Circuit Court dismisses plaintiffs’ complaint on defendants’ plea in bar. The party asserting a plea in bar bears the burden of proof on the [...]

Court Won’t Apply ‘Notice’ Requirements (access required)

By Deborah Elkins
Published: July 5, 2012
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A Wise County Circuit Court says Tennessee notice requirements do not apply in this personal injury suit against a cardiology practice group, as choice-of-law rules make clear that Virginia law governs this case. Since plaintiff filed this action in Virginia, the court applies Virginia choice of law provisions. Case authority makes clear that Virginia law [...]

Same-Sex Status Not Deterrent to Foster Custody (access required)

By Deborah Elkins
Published: March 28, 2012
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Although petitioners, a committed lesbian couple, served as outstanding foster parents until recent events, the Wise County Circuit Court cannot disregard the recent founded complaint of abuse and two criminal charges arising from one petitioner’s corporal punishment of her partner’s eight-year-old son, and the court finds it’s in the best interests for the child to [...]

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