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Opinion Digests

Taking custodial liberties with child a deportable offense (access required)

A defendant who pleaded guilty to taking custodial indecent liberties with a child, a felony under Virginia law, was deportable under the Immigration and Nationality Act because the offense categorically qualified as the aggravated felony of sexual abuse of a ...

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Class certification defects waived by objecting parties (access required)

Although a district court made errors in certifying a defendant class, including failing to timely appoint class counsel or ensuring the requirements of Federal Rule 23 were satisfied, the objecting parties’ failure to timely object to these defects and the ...

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Lee and Jackson statues are monuments and memorials (access required)

Statues erected in the city of Charlottesville of Civil War General Robert E. Lee and Lt. General Thomas Jonathon Jackson are “monuments or memorials,” as mentioned in Code § 15.2-1812, says a 16th Judicial Circuit Court judge. Plaintiffs moved for ...

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Commonwealth can sue lender despite arbitration clause (access required)

The commonwealth may pursue claims on behalf of borrowers to enforce the Virginia Consumer Protection Act despite the borrowers’ signed arbitration agreements with the lender. Overview Net Credit, an internet-based lender, made loan agreements with private borrowers. The Commonwealth has ...

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Husband’s stock sale could not be traced to purchase of marital property (access required)

Where a husband and wife purchased a farm and constructed a home on the property shortly after their marriage and the husband was unable to demonstrate that the proceeds from the sales of stock he had held before the marriage ...

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