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Opinion Digests

CAV: No error in divorce; appellate fees granted (access required)

The circuit court did not err in its handling of the parties’ divorce, notwithstanding the husband’s 18 assignments of error on appeal. In particular, evidence supported both the court’s jurisdiction over the parties despite their long trips abroad and the ...

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CAV: Visiting house didn’t support probable cause for arrest (access required)

The circuit court did not err in suppressing evidence stemming from an arrest that lacked probable cause. Despite the defendant’s proximity to the house at the time of arrest, the fact that his mother and brother lived there, the fact ...

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CAV: No double jeopardy under new SCOTUS ruling (access required)

Like the petitioner in Currier v. Virginia, a defendant who voluntarily requested to sever and continue one of the charges against him for strategic reasons could not prevail on his claim that the second trial violated double jeopardy principles, either ...

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CAV: 21-day rule prevented court from harmonizing orders (access required)

The trial court correctly held that, absent some reason why its order articulating a fixed pension annuity could not be enforced, it lacked jurisdiction to amend that order – even if the fixed amount therein didn’t match the percentage share ...

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WDVA: Threatening collection calls lead to award over $15k (access required)

A plaintiff is entitled to actual and statutory damages, attorneys’ fees, and litigation costs arising from debt-collection calls she allegedly received from the defendant, who did not respond. Background Plaintiff Betty West’s lawsuit arises out of a series of interactions ...

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WDVA: Class jurisdiction extended to non-resident claims (access required)

A recent U.S. Supreme Court case did not require dismissal of putative class claims that might arise from illegal prerecorded calls to class members outside Virginia. While that approach may be logical in the mass-tort context, it is unnecessary in ...

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WDVA: Obscene gesture at officer no grounds for stop (access required)

A plaintiff can proceed to trial on his claim under 42 U.S.C. § 1983 that a sheriff’s deputy initiated a traffic stop without probable cause. The deputy’s explanation that the plaintiff made a concerning gesture was not constitutionally sufficient. Background ...

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WDVA: Corrections’ experts not qualified on adequacy of care (access required)

A former inmate asserting he didn’t receive adequate mental health care during his incarceration was successful in seeking to limit trial testimony from certain Department of Corrections experts. Two current Department employees were qualified to opine on whether the plaintiff’s ...

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EDVA: Texas company’s purchase orders established “minimum contacts” (access required)

A out-of-state defendant is subject to the court’s jurisdiction, based on the numerous purchase orders (of large dollar value) that it placed with a Virginia health-care-products company. Background Plaintiff Belmora, a Virginia pharmaceutical company, is suing Defendant Midway Importing Inc. ...

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EDVA: No sovereign immunity for tribal lending companies (access required)

In a suit alleging usurious loans, two online-lending companies created by Chippewa tribal leaders failed to prove by a preponderance of the evidence that they were entitled to sovereign immunity as arms of the tribe. Background The Lac Vieux Desert ...

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