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Tag Archives: Justice Elizabeth A. McClanahan

Arson defendant’s statement is admissible (access required)

The totality of the evidence established that an arsonist’s inculpatory statements were knowingly and voluntarily made. Background A jury convicted Nicholas Secret of arson of an occupied dwelling and nine counts of attempted first-degree murder. On appeal, Secret contends the ...

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High court upholds arbitration win for Alexandria lawyer (access required)

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The Supreme Court of Virginia will not disturb an arbitration decision that absolved an Alexandria attorney of ethics accusations and slammed a plaintiff with more than $900,000 in sanctions. The decision by five justices could end a protracted battle over ...

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The duty to protect others (access required)

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A sharply divided Supreme Court of Virginia says those who assume a duty to guard against criminal harm can be liable only if they communicate their undertaking. A four-justice majority of the high court affirmed dismissal of a lawsuit against ...

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SCV: Totality of circumstances justified vehicle search (access required)

When the search of a driver who’d appeared nervous and fidgety produced a digital scale with apparent cocaine residue on it, the circumstances supported probable cause for officers to search his vehicle, where they found drugs and a handgun. Background ...

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SCV: Teaming agreement didn’t create binding subcontract (access required)

After a $12 million jury award on breach-of-contract and fraudulent inducement claims, the circuit court did not err in vacating the verdict. Lost profits are not recoverable for a fraudulent inducement claim when they are premised on the unenforceable provisions ...

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SCV: “Infinity” value made formula unenforceable (access required)

A property sales agreement, which set forth a mathematical formula for apportioning increases to local development-density rights between the property owners, was rendered impossible to calculate when the county removed the density limit entirely. Background In 2000, Appellant WG Land ...

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