Virginia Lawyers Weekly VA Lawyers Weekly

Where husband contends that the parties’ earlier settlement presented to the court provided for an equal division of marital assets and that the agreement as drafted by wife provides for an unequal distribution, but wife contends no equal division ever ...

Although plaintiff homeowner has proven certain damages relating to installation of the home’s interior and exterior drain system and installation of light fixtures, all of which are covered by the homeowners’ warranty, the homeowner may not recover under the warranty ...

Where plaintiff failed to file his suit alleging termination in retaliation for filing a workers’ compensation claim within one year of his termination, his claim under Va. Code § 65.2-308 is time-barred. Plaintiff’s reliance on 4th U.S. Circuit Court of ...

Where plaintiff was arrested after failing a breathalyzer test and was accidentally shot by a police officer who mistook plaintiff for another man with a gun, then plaintiff sued several members of the police department and the sheriff’s department for ...

Where defendant was arrested for hunting on land within the statutory boundaries of the Great Smoky Mountains National Park but in the custody of the Tennessee Valley Authority, defendant violated 16 U.S.C. § 403h-3, a statute that prohibits hunting “within ...

Although the government argued at defendant’s trial for drug distribution within 1,000 feet of a playground, that the inference of two basketball hoops and the existence of a blacktop at a nearby park’s basketball court were children’s recreational apparatuses that ...

Where the district court dismissed petitioner’s federal habeas petition for failure to exhaust Maryland state post-conviction proceedings, but the Maryland courts will not entertain petitioner’s state post-conviction petition because petitioner cannot personally appear in the state matter while incarcerated on ...

In this prosecution on drug and firearms charges, although the trial court admitted, without objection, not only the fact of defendant’s prior New York felony convictions as a predicate for a charge under 18 U.S.C. § 922(g)(1), but also certain ...

In this case in which an Israeli national admitted to having entered into a sham marriage in order to become a lawful permanent resident of the United States, the Board of Immigration Appeals did not abuse its discretion in refusing ...

Where plaintiff, who was denied a promotion to a particular intelligence analyst position and ultimately demoted from his former position at the Naval Technical Intelligence Center, sought to introduce an organizational flow chart to demonstrate that none of the 30 ...