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Domestic Relations: Custody award was supported by evidence
Where the circuit court properly considered the statutory factors based on the evidence presented, and found that awarding wife primary custody was in the children’s best interest, that decision was affirmed.
Domestic Relations: Trial court erred in modifying child support
Where the trial court’s interpretation of the parties’ marital settlement agreement upset the intention of the parties, as expressed in the plain language of the agreement, its order modifying the child support award is reversed.
Domestic Relations: Wife’s challenge to property division fails
Where the trial court examined the evidence and considered the statutory factors in distributing marital assets, its decision was affirmed.
Parent and Child: Children claim right to property over second wife
Where father and wife had agreed to divide certain property as part of their divorce, but had not executed the property settlement agreement when father died, the property settlement agreement could not be enforced by the father’s children via a constructive trust or equitable estoppel.
Domestic Relations: Husband waited too long to claim entitlement to marital home
Where the circuit court entered a final order of divorce in 2019, and it did not retain jurisdiction to adjudicate equitable distribution, the circuit court lacked jurisdiction to consider husband’s claim to the marital home that was brought more than 21 days from entry of the 2019 divorce order.
Parent and Child: Father awarded custody following mother’s unsupported abuse allegations
Where mother repeatedly used the minor child and the legal system to make unsupported allegations that father sexually abused the child, the circuit court did not err when it awarded father sole legal and physical custody of the child.
Domestic Relations: Husband’s company is marital property worth $800,000
Where the circuit court did not err when it found the husband’s company was marital property worth $800,000, its decision was affirmed.
Parent and Child: Record supports decision to terminate mother’s parental rights
Where efforts to provide the mother with rehabilitative services were reasonable and appropriate, but she was unwilling or unable to remedy substantially the conditions which led to the children’s placement in foster care within a reasonable period of time, her parental rights were terminated.
Domestic Relations: Court resolves couple’s dispute over real property
Where the husband failed to show that certain real property was purchased wholly with his separate funds, it was part of the marital estate subject to equitable distribution.
Parent and Child: Record supports conclusion that father neglected child
Where an investigator found the child was wearing soiled clothing and appeared dirty and unkempt, and the residence was cluttered, emitted an odor of ammonia and that cat feces and trash were scattered throughout the home, the neglect finding was based on “substantial evidence.”
Parent and child: Mother appeals contempt, custody and fees order
Where the record supported the circuit court’s contempt, custody and attorney’s fees award, it was affirmed.
Damages: Father awarded fees and costs after prevailing on Hague Convention petition
Where a father prevailed on his petition under the Hague Convention, seeking return of his son to South Korea, he was awarded $73,215.00 in attorney’s fees and $12,618.83 in costs. These fees and costs were “necessary” and the respondent failed to show that their award would be “clearly inappropriate.”
Verdicts & Settlements
- Motor Vehicle Negligence – 74-year-old injured in two-vehicle crash
- Employment- Arbitrator finds unfair labor practices by school
- Medical Malpractice- Gallbladder removal surgery results in reparative procedure
- Motor Vehicle Negligence – Car with mother, two children broadsided, rolled several times
- Motor Vehicle Negligence – Driver, passenger suffer injuries after truck crosses into lane
- Fraud – Jury sides with couple in home construction case
- Motor Vehicle Negligence – Triathlete suffered fractures after being struck by pickup truck
- Medical Malpractice- Nursing facility patient died after falling, suffering head injury
- Motor Vehicle Negligence – Sales manager sustained multiple injuires in Virginia Beach collision
- Products Liability – Workplace accident results in amputation at the wrist
- Motor Vehicle Negligence – Railroad worker injured in collision with tractor-trailer
Opinion Digests
- Banks and banking – Bank defeats customer’s conversion claim
- Prisons – Inmate’s lack-of-exercise claim was wrongly dismissed
- Criminal – Gang members convicted on multiple charges
- Employment – District court wrongly dismissed casino employee’s FMLA/USERRA suit
- Tort- Government contractor liable for abuses at Abu Ghraib
- Negligence – Claims narrowed in trucking accident
- Employment – Retaliation claim against Freddie Mac is dismissed
- Civil Practice – Rule 12(b)(6) motion can’t be granted simply because its unopposed
- Municipal – Lynchburg registrar’s attack on adverse jury verdict fails
- Bankruptcy – Chapter 11 petition stays asbestos-exposure lawsuits
- Criminal – Evidence supports conviction for possession of a firearm by a felon
- Consumer Protection – Default judgment entered against auto dealership
