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Opinion Digests

Va. Cir.: Carrier has no lien on claimant’s third-party settlement (access required)

A workers’ compensation carrier has no lien for a negotiated lump-sum settlement of a claimant›s future benefits in a tort action against a third party. Under Noblin v. Randolf Corp., 180 Va. 345 (1942), and Slusher v. Paramount Warrior, 336 F. Supp. ...

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Va. Cir.: Carriage ride company not covered by immunity statute (access required)

The question whether the Lexington Carriage Company is protected by the limited grant of immunity in Code § 3.2-6200 et seq. may be one of first impression. Cases involving horse-drawn carriages are few in number. Many other states have equine ...

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Va. Cir.: Fear of termination not good cause to resign (access required)

An employee with a felony record was not discharged when his employer announced that employees would be subject to background checks and let go if they were felons. Rather, he voluntarily terminated his own employment in anticipation of discharge and ...

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Va. Cir.: GMU Foundation not a public body subject to VFOIA (access required)

The George Mason University Foundation Inc. is an independent corporate entity whose records are not subject to freedom-of-information requirements, even if the records relate to funds used to support the University, itself a public body. Nonetheless, the University’s Gift Acceptance ...

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Va. Cir.: Gun seen from beyond “path of consent” will be suppressed (access required)

While officers had the defendant’s explicit consent to search specific rooms in his house and implied consent to take a path leading to those rooms, his firearm was seen only after an officer deviated from that path. Thus, it exceeded ...

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CAV: Fire changed marital residence from asset to deficiency (access required)

After a divorced couple’s former residence was significantly damaged by fire, the husband was entitled to reimbursements from the wife for his outlays to return to property to saleable condition. The trial court did not err in decreasing the wife’s ...

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CAV: Retroactive support modification can’t cure arrearages (access required)

The circuit court did not err in modifying a husband’s spousal support obligation from about $7,800 to $4,800 based on his ability to pay, but it also properly declined to make the modification retroactive. Background Husband and Wife married in ...

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CAV: Any relevant evidence may prove lascivious intent (access required)

No Virginia precedent sets forth specific types of evidence that must be proven to show lascivious intent in a sexual battery case. Such intent may be proven with any evidence that establishes such intent beyond a reasonable doubt. Background Four-year-old ...

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CAV: Two hit-and-run convictions not for same offense (access required)

A defendant’s constitutional right against double jeopardy was not violated by her convictions for both felony murder and felony hit-and-run. Background One morning in September 2014, a woman later identified as Defendant Sarah Flanders drove a red Dodge Durango onto ...

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CAV: Child placement with willing relatives not suitable (access required)

The circuit court did not err in concluding that, despite their willingness to care for a child, the mother’s relatives were not suitable placements due to concerns about their age, health, living conditions, potential criminality, and attentiveness. Background Appellant Paula ...

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