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Opinion Digests

Agreement to distribute sale proceeds upheld (access required)

In this interpleader action, even though there was a mutual mistake of fact regarding a settlement to distribute the proceeds of a property sale, respondents, who seek to reform the distribution agreement, are equitably estopped from doing so. Overview Gerald ...

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Arborist not liable for injuries caused by tree (access required)

Where a family was injured when a tree fell into their yard from a conservation easement maintained by a homeowners’ association, an arborist the association hired almost a year earlier to inspect and identify potentially harmful trees owed no duty ...

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Court will give jury instruction to cure ‘Brady’ violation (access required)

Where defendant moved to quash a murder indictment because of the commonwealth’s untimely disclosure of exculpatory evidence, the court will deny the motion but will give the jury an adverse inference instruction regarding the evidence. Overview Defendant Gonzalez was indicted ...

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Bond for DWI suspect was unconstitutional (access required)

The general district court’s imposition of a $2,500 cash or surety bond as a condition of defendant’s release after being arrested for driving while intoxicated was an unconstitutional application of Virginia’s statutory bail bond scheme. As a matter of discretion, ...

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City charter signature provisions are valid (access required)

Where COVID-19 emergency orders hampered plaintiffs’ efforts to collect signatures on a petition to have the city of Norfolk adopt a “2nd Amendment Preservation” ordinance, the signature requirements in Norfolk’s city charter are not unconstitutional as applied to plaintiffs. Further, ...

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Nonparty’s motion to disqualify counsel granted (access required)

Where husband’s attorney sought to depose a nonparty witness who the attorney previously represented in a divorce matter, the court grants the witness’s motion to disqualify the attorney based on a conflict of interest. Overview In this divorce matter, husband’s ...

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Subsequent injuries were compensable consequences (access required)

There was credible evidence to support the Virginia Workers’ Compensation Commission’s determination that plaintiff’s back and neck injuries were compensable consequences of her initial shoulder, arm and wrist injuries arising from being hit in the ankle by equipment at work. ...

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