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Opinion Digests

No plea withdrawal despite expert’s report and new statute (access required)

Defendant’s motion to withdraw his pleas to sex-based crimes with his stepdaughter is denied. A defense expert’s report is insufficient for admission under a new statute governing diminished capacity evidence. Introduction This matter is before the Court on defendant Justin ...

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Suppression of evidence from warrantless search granted (access required)

Even though the police had probable cause to search and seize defendant’s vehicle, there were no exigent circumstances to excuse the need to obtain search and seizure warrants. Background A witness told police that a vehicle struck a pedestrian who ...

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Demurrers to emotional distress claims sustained (access required)

Plaintiff’s lack of specificity in pleading her emotional distress claims requires the court to sustain defendant’s demurrers but she will have leave to file an amended complaint. Plaintiff’s allegation of sexual battery does not relieve her of “the obligation to ...

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Settlement permits claimant’s reimbursement of unpaid bills (access required)

The Virginia Workers’ Compensation Commission incorrectly ruled that the claimant could not seek reimbursement of unpaid bills that had been written off by a medical care provider “because the amounts sought were neither paid by, nor charged to, [the claimant].” ...

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Wife’s relationship with boyfriend was not marriage (access required)

Where the parties’ settlement agreement provided that wife would no longer get a portion of husband’s retirement benefits if she remarried, her relationship with her boyfriend was not a “marriage” as defined by the settlement agreement.  ‘Marriage’ defined “Agreements between ...

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Contracts with VA entity establishes jurisdiction (access required)

Where out-of-state companies contracted with a Virginia-based corporation to implement uniform practices, including the practices that resulted in the alleged Fair Labor Standard Act violations at issue in this suit, the court could exercise jurisdiction over the foreign defendants. Background ...

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Alleged comments can’t support employee’s claim (access required)

Where a Black female employee alleged that coworkers touched her hair and a supervisor criticized it and made other offensive comments about it, her hostile work environment claim was dismissed because the allegations did not show conduct “because of” her ...

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