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Parent and child: Guardian ad litem was not required in close relative adoption
Where the circuit court heard evidence from mother regarding the medical needs and current course of treatment of a minor child with autism and a communication disorder, as well as father’s testimony regarding the efforts he had made to educate himself on the child’s condition, it was well within the circuit court’s discretion to not appoint a guardian ad litem for the child in the close rel[...]
Domestic Relations: Wife waited too long to challenge reason for divorce
Where the wife argued that she should have been granted a divorce on grounds of husband’s adultery, instead of based on the one-year separation as granted by the circuit court, but she failed to timely appeal the divorce decision, the appellate court lacked jurisdiction to consider the issue.
Parent and Child: Minor not required to testify in open court during visitation hearing
Where credible evidence in the record supported the court’s finding that it was not in a minor’s best interest to testify in open court, based upon her mental and emotional fragility, its decision was affirmed.
Virginia Beach J&DR judge investiture slated for Aug. 1
Regis Nicole Rice has been appointed to the Virginia Beach Juvenile and Domestic Relations Court. Her investiture ceremony is set for Aug. 1 at 3 p.m.
Domestic Relations: Circuit court erred when it distributed marital home
Where the circuit court awarded husband a lump sum award calculated as half the value of the couple’s combined ownership interests in the marital home, it erred. A premarital agreement explicitly foreclosed any award to husband based on wife’s separate ownership interest in the marital home, regardless of any contributions made by husband.
Parent and Child: Record supports abuse or neglect of minor children
Based on the record evidence of domestic violence, drug use, the condition of the home and mother’s mental health diagnoses, the circuit court did not abuse its discretion in finding that the children would have been at substantial risk of harm if returned to mother’s care.
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
