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Tag Archives: Virginia Circuit Courts

Rescission is available remedy to wrongful foreclosure claim (access required)

Where the Virginia Housing Development Authority bought plaintiff’s home at a foreclosure sale, he has stated a rescission claim by alleging the VHDA knew or should have known of an alleged deed of trust violation when it bought the home. ...

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Response to adultery inquiries required (access required)

The plaintiff in this divorce case must respond to an interrogatory and a request for admission concerning misdemeanor acts of adultery despite invoking his right against self-incrimination. Facts The parties were married in 1996. Plaintiff sued for divorce in January ...

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In-court ID not tainted by suppressed at-scene ID (access required)

Even though the court has suppressed a victim’s identification of defendant at the crime scene, the victim’s subsequent in-court identification had an independent basis and is admissible. Further, there was probable cause to arrest defendant even without the show-up identification. ...

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Sale commissioner did not faithfully discharge duties (access required)

A commissioner of sale is personally liable after the net sale proceeds of a marital home in the underlying case were distributed without satisfying petitioner’s lien. The commissioner failed “to file a proper accounting” of all the encumbrances on the ...

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Superseding cause jury instruction properly given (access required)

Where the jury returned a defense verdict in this medical malpractice case, plaintiff’s motion for a new trial is denied because, among other reasons, the jury was correctly instructed on superseding cause, a defense expert’s testimony was properly admitted, and ...

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Annual insanity review statute constitutional (access required)

The statute providing for annual review of a defendant’s involuntary confinement after being found not guilty by reason of insanity satisfies due process under Foucha v. Louisiana, 504 U.S. 71 (1992). The statute requires both a showing of mental illness ...

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Nursing licensure matter remanded to board (access required)

Where this court previously dismissed an applicant’s appeal after the Virginia Board of Nursing found her ineligible for an LPN license, on reconsideration, the matter is remanded so the board can address an undecided eligibility argument that she raised in ...

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Mediation was condition precedent for contract suit (access required)

Where the parties’ real estate purchase agreement provided that disputes must first be mediated, and that traditional litigation could commence if mediation was unsuccessful, plaintiffs’ suit on the contract must be dismissed because mediation never took place. This is so ...

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