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Tag Archives: Supreme Court of Virginia

Contract – Condo Sale – Merger Doctrine – Fraud – VCPA (access required)

Condominium purchasers suing on a claim that defendant did not install hardwood flooring “substantially equivalent” to the type stated in their sales contracts can sue for damages, as their breach of contract claims are not barred by the merger doctrine ...

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Criminal – SVPA – Civil Commitment – Substantial Compliance (access required)

Although the first psychologist who evaluated appellant as a “sexually violent predator” did not satisfy the “treatment” criteria of Va. Code § 37.2-904, the commonwealth promptly substituted a qualified professional for another evaluation and an amended petition and it “substantially ...

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Contract – Bridge Construction – Delay Claims – Written Notice To VDOT (access required)

In this appeal concerning performance of contractor AMEC Civil LLC’s contract with VDOT for the Route 58 Clarksville Bypass in Mecklenburg County, the Supreme Court holds VDOT was entitled to timely written notice of claim under Va. Code § 33.1-386(A), ...

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Insurance – Construction Fatality – Indemnification (access required)

In this case involving multiple insurance carriers involving a subcontractor’s duty to defend and indemnify a general contractor sued after a job site accident involving two employees of the elevator subcontractor, the Supreme Court of Virginia says a contract provision ...

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Attorneys – Legal Malpractice – Limitations – 1986 PSA (access required)

Although a wife did not realize damages from a 1985 property settlement agreement’s bare reference to her receipt of “survivor’s benefits from the husband’s retirement pay” until 2006 when she was denied survivor’s benefits from two federal pensions, her 2009 ...

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Criminal – Confrontation Clause – Certificates Of Analysis – DNA Expert – iiiMelendez-Diaziii (access required)

In this rape and robbery case remanded from the U.S. Supreme Court in light of Melendez-Diaz v. Massachusetts, the Supreme Court of Virginia says the commonwealth’s failure to call as witnesses two forensic scientists who played preliminary roles in the ...

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Criminal – Confrontation Clause – Certificates Of Analysis – Cocaine – Melendez-Diaz (access required)

In two consolidated cocaine cases remanded from the U.S. Supreme Court in light of Melendez-Diaz v. Massachusetts, the Supreme Court of Virginia says admission into evidence of certificates of analysis pursuant to former Va. Code §§ 19.2-187 and 187.1 violated ...

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