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Tag Archives: Judge Stephen C. Shannon

No deadline extension to file for unemployment benefits

Where the Virginia Employment Commission gave incorrect advice to an unemployment benefits claimant, resulting in a denied claim, petitioner waited too long to appeal the denial after the commission provided her with correct information, including how to perfect her appeal. ...

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Forum selection clause valid despite fraud claim

Where plaintiff alleges defendant misappropriated plaintiff’s leadership materials, plaintiff’s claim for fraudulent inducement of a contract does not defeat a forum selection clause that requires litigation of fraud and misappropriation of trade secrets in a Maryland court. Background Boxer Advisors ...

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No appeal of preliminary protective order denial

Where appellant seeks to appeal  the general district court’s denial of preliminary protective orders, the circuit court lacks appellate jurisdiction because there is no final order in this matter. Not final “When the Circuit Court exercises its appellate jurisdiction in ...

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No stacking of coverage for UIM bodily injury

An insurer’s vehicle policies unambiguously prevent stacking of underinsured coverage for bodily injury. As a result, the available coverage for the injured party is limited to $25,000, instead of a greater amount he claims is available. Policies Fafa was involved ...

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Ineffective assistance warrants habeas relief

Petitioner is entitled to have her plea-based petit larceny conviction vacated because counsel did not advise her of the consequences the plea could have on her immigration status. Facts Petitioner, born in El Salvador, became a lawful permanent United States ...

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No-fault divorce statute applied to same-sex couples

Virginia Code §20-91(A)(9)(a), which allows a husband and wife to obtain a divorce if they live separate and apart without cohabitation and without interruption for one year, applies equally to same-sex married couples. In this case, a same-sex married couple ...

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Assisted-conception law unconstitutional

Virginia’s assisted-conception statute, which creates a presumption that a gestational mother’s husband is the father of the conceived child, is unconstitutional as written because it provides parental rights to husbands but not wives, the court held. In 2006, Plaintiff Valerie ...

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