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Opinion Digests

Subcontract – Warranty – Virginia Consumer Protection Act – Statute of Limitations (access required)

Johnston v. Stephan (VLW No. 017-8-097, 14 pp.) (Bernhard, J.) Fairfax Cir.Ct.Case No. Cl-2017-5006 Holding: Where the defendant-subcontractor installed a roof under a subcontract with a general contractor employed by a homeowner who then sold the home to plaintiff-homeowners, the ...

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Civil Practice – Motion to Dismiss – Defamation – Tortious Interference (access required)

McCray v. Infused Solutions LLC  (VLW No. 017-3-470, 13 pp.) (Doumar, J.) 4:14-civ-158; E.D. Va. Holding: Where plaintiff employee, a clerk placed at an Army recruiting center by the defendant subcontracting staffing agency, was terminated after a 90-day reprimand notice ...

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Fair Credit Reporting Act – Standing – Summary Judgment (access required)

Phillips v. Trans Union LLC (VLW No. 017-3-477, 15 pp.) (Moon, J.) 3:16-cv-00088; W.D. Va. Holding:  Where plaintiff debtor sued defendant loan servicer for providing inaccurate information to a credit reporting agency, in violation of the Fair Credit Reporting Act, ...

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Admissibility of Evidence – Department of Motor Vehicles Transcript (access required)

Parker v. Commonwealth (VLW No. 017-7-236-UP, 10pp.) (Huff, C.J.) Record No. 0303-16-1. On appeal from the Circuit Court of the City of Chesapeake (Smith, J.) Holding: Where the appellant-defendant’s Department of Motor Vehicles transcript was provided to a trooper, and ...

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Suppression of Statements – Criminal Negligence – Sufficiency of Evidence (access required)

Novotny v. Commonwealth (VLW No. 017-7-239-UP, 8pp.) (O’Brien, J.) Record No. 1489-16-3. On appeal from the Circuit County of Montgomery County. (Long, J.) Holding: Where the appellant-defendant stated at the scene of a fatal car accident that he had taken ...

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Sufficient Evidence – Admissibility of Evidence – Child’s Best Interest (access required)

Gay v. Virginia Beach Dep’t of Human Services (VLW No. 017-7-241-UP, 11pp.) (Huff, C.J.) Record No. 0887-17-31 Appeal from the Circuit Court of the City of Virginia Beach (Shockley, J.) Holding: Where the appellant-mother over three years failed to find ...

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