Virginia Lawyers Weekly VA Lawyers Weekly

Although plaintiff, who claims he was injured when a U.S. Navy vessel collided with his vessel, which claimed Colombian registry but was carrying 4,000 pounds of marijuana, argues that the two-year statute of limitations was tolled by the filing of ...

Where the bank is seeking to collect from husband and wife guarantors on a defaulted promissory, the husband may assert a counterclaim for damages based on the Equal Credit Opportunity Act, 15 U.S.C. § 1691, but cannot assert the ECOA ...

Where debtor held a 98 percent interest in a limited partnership which owned a shopping center, and the partnership granted to a bank a second deed of trust on the shopping center and assigned to the bank the rents from ...

Where debtor is appealing an order of the bankruptcy court and also seeking in forma pauperis status, the bankruptcy court should, in the first instance, rule on debtor’s IFP motion, and the case is referred back to the bankruptcy court ...

Where plaintiff’s job application with defendant, which she asserted was correct to the best of her knowledge, misrepresented her current employment status, her reason for leaving her former employer and her salary, this “after-acquired evidence” of her material misrepresentations bars ...

Where plaintiff floor planner advanced funds for a number of vehicles sold out-of-trust by debtor, who owned a car dealership, the value of those cars cannot be included in the amount for the jurisdictional threshold for chapter 13 under § ...

Where the City of Virginia Beach in 1984 contracted with the federal government for the right to use a designated amount of water in a reservoir located partially in Mecklenburg and Halifax Counties, the city was not required to obtain ...

Finality Of Decree The trial court’s divorce decree was final, despite the wife’s arguments that the decree was not final because: 1) the decree provided that the court would maintain jurisdiction until an ordered partition was completed and the proceeds ...

Although claimant initially was released to light duty employment after suffering a compensable back injury with a restriction not to lift more than 35 to 40 pounds and to take rest periods, and his employer assigned him a job shoveling ...

Although claimant’s original treating physician referred her on to another physician for a second opinion on her carpal tunnel syndrome, nothing in the record demonstrates that claimant was referred for continuing treatment, but only for a second opinion with a ...