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Tag Archives: Justice D. Arthur Kelsey

Conversion, fraudulent transfer rulings vs. appellants vacated (access required)

Where a landlord obtained judgments for unpaid rent and sued the tenants and others for fraudulent and voluntary conveyances, the trial court’s rulings that defendants were jointly and severally liable for the unpaid rent, attorneys’ fees and sanctions are vacated. ...

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Handgun was secured in backpack, concealed weapon conviction reversed

Where police searched a vehicle occupied by appellant and found a handgun in a backpack pouch that was zipped shut, the handgun was secured within the meaning of the concealed weapon statute. As a result, appellant’s conviction for carrying a ...

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Special powers: Lawyer-legislators pick judges, can stop cases with privilege (access required)

virginia-general-assembly-stairs

Virginia lawyers who serve in the General Assembly enjoy outsized powers and privileges in their interactions with the judges who rule on their cases. But any regulation would be impractical, many of them say. In Virginia, lawyer-legislators can have a ...

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Fact-finding remand ordered in voluntary payment dispute (access required)

Where appellee claims that the voluntary payment doctrine moots appellant’s appeals regarding a judgment entered against her, a remand is required for fact finding to determine whether appellant authorized payment of the judgment lien that attached to real estate that ...

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Ex-wife had superior claim to insurance proceeds (access required)

Where the parties’ amended property settlement agreement required husband to maintain wife as a 50% beneficiary of a life insurance policy, wife’s claim to the insurance proceeds is governed by equity principles rather than substantive law. Wife’s equitable claim is ...

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Equitable title holder gets stock proceeds (access required)

Where an acquisition company purchased a construction company’s assets, the purchase included equitable title to stock that the construction company owned but for which no certificates were issued. Overview This is an interpleader action concerning the proceeds of stock certificates ...

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