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Tag Archives: Judge Richard Y. AtLee Jr.

Insufficient briefing dooms appeal of denied benefits

Where appellant argues the Virginia Employment Commission wrongful denied him unemployment benefits after erroneously concluding that he was discharged for misconduct, the merits of most of his 30 assignments of error cannot be reached either because he has not adequately ...

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Agency approval not required in online driver’s ed case

Where appellants shifted their live classroom driver education courses to online live videoconferencing, they did not need approval from the Department of Motor Vehicles. The circuit court’s $1,000 civil fine is reversed. Introduction Appellants, I Drive Smart Too, Inc. and ...

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Parol evidence defines meaning of shareholder distribution in PSA

The trial court correctly determined that the term “shareholder distributions” in the parties’ property settlement agreement was ambiguous. The court permissibly considered parol evidence to conclude that the term meant distributions from corporate income to wife rather than what the ...

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Settlement permits claimant’s reimbursement of unpaid bills

The Virginia Workers’ Compensation Commission incorrectly ruled that the claimant could not seek reimbursement of unpaid bills that had been written off by a medical care provider “because the amounts sought were neither paid by, nor charged to, [the claimant].” ...

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Impeachment of prosecution witness properly prevented

The trial court properly refused to let appellant impeach a prosecution witness because the testimony would have been improper propensity evidence under Virginia Rule of Evidence 2:413. Further, appellant could not attack the witness’s credibility under Rule 2:607(a). Overview Appellant ...

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