The trespass convictions of these three defendants are upheld, despite their defense that the trespass arose out of the necessity of saving human lives. Defendants have not demonstrated a legally recognized harm that they sought to prevent by blocking passage ...
Read More »Criminal – Trespass – Defense Of Necessity – Abortion Clinic
Domestic Relations – Equitable Distribution – Husband's Fault – Effect On Marital Assets 
Although the husband claims the commissioner and the trial court erroneously awarded wife a greater share of the marital estate based on husband’s alleged marital misconduct of adultery, which he claims had no effect on the marital assets, the record ...
Read More »Criminal – Sentencing Guidelines – New Guidelines 
The trial court did not err in sentencing defendant for cocaine sales under the voluntary sentencing guidelines in effect at the time of sentencing, rather than the guidelines in effect a the time the crime was committed; because application of ...
Read More »Domestic Relations – Pendente Lite Support – Paternity Tests 
The trial court orders the putative father to pay temporary child support, subject to his question as to paternity and the blood tests which will be ordered by the court, with the costs to be borne by the father. Until ...
Read More »Administrative – Certificate Of Public Need – Hospital's Application – Timely Letter Of Intent 
Although plaintiff hospital contends that the Virginia State Health Commissioner exceeded his authority in accepting the application of another hospital to participate in a certificate of public need batching process regarding that hospital’s application for an exemption from a COPN ...
Read More »Tort/Negligence – Property Destruction – Killing Of Falcon – Negligence Per Se 
Where plaintiff alleges defendant killed plaintiff’s Gyr/Peregrine Falcon, an endangered species under state and federal law, and that this action was negligence per se under state and federal statutes, defendant’s demurrer to this claim is sustained. Plaintiff was licensed to ...
Read More »Domestic Relations – Equitable Distribution – Marital Home – Joint Tenants 
Where the parties acquired the marital residence as joint tenants prior to their marriage, they will still own the residence as joint tenants after the divorce, and either party may take whatever action deemed advisable to assert his or her ...
Read More »Commercial – Car Dealer – Floor Planning 
Where the wholesale floor planner for the automobile dealership established that the dealer, who went out of business in April 1991, had sold 15 vehicles to consumers who had financed their purchases with plaintiff credit corporation, and defendant floor planner ...
Read More »Workers' Comp – Occupational Disease – Carpal Tunnel (307282) 
Where claimant’s orthopedic surgeon testified that to a reasonable medical certainty claimant’s carpal tunnel syndrome was more likely caused by her work sewing waistbands in jogging suits rather than by any degenerative change, previous tendinitis, medication or previous employment, and ...
Read More »Civil Rights – Prisoner Transport – Due Process 
Where this § 1983 suit filed by plaintiff, a Virginia prison inmate, alleges that Virginia prison officials’ failure to abide by Virginia’s established statutory procedures for transferring prisoners into the custody of other jurisdictions for trial deprived him of due ...
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