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Tag Archives: Virginia Circuit Courts

Carrier has no lien on claimant’s third-party settlement (access required)

A workers’ compensation carrier has no lien for a negotiated lump-sum settlement of a claimant›s future benefits in a tort action against a third party. Under Noblin v. Randolf Corp., 180 Va. 345 (1942), and Slusher v. Paramount Warrior, 336 F. Supp. ...

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Carriage ride company not covered by immunity statute (access required)

The question whether the Lexington Carriage Company is protected by the limited grant of immunity in Code § 3.2-6200 et seq. may be one of first impression. Cases involving horse-drawn carriages are few in number. Many other states have equine ...

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Implied agreement replaced family support obligations (access required)

Despite a support order entered in 2004, a husband didn’t owe arrearages dating to 2006. He’d stopped paying when the couple reconciled, resumed living together as husband and wife, and had two more children supported solely by the husband’s income. ...

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Fear of termination not good cause to resign (access required)

An employee with a felony record was not discharged when his employer announced that employees would be subject to background checks and let go if they were felons. Rather, he voluntarily terminated his own employment in anticipation of discharge and ...

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GMU Foundation not a public body subject to VFOIA (access required)

The George Mason University Foundation Inc. is an independent corporate entity whose records are not subject to freedom-of-information requirements, even if the records relate to funds used to support the University, itself a public body. Nonetheless, the University’s Gift Acceptance ...

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Gun seen from beyond “path of consent” will be suppressed (access required)

While officers had the defendant’s explicit consent to search specific rooms in his house and implied consent to take a path leading to those rooms, his firearm was seen only after an officer deviated from that path. Thus, it exceeded ...

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City’s red-light enforcement cameras constitutional (access required)

A vehicle owner served with a notice of violation, which cited a no-stop right turn on red with photo and video evidence, did not show that her constitutional rights were violated either by the city red-light-camera ordinance or its authorizing ...

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Top Op Digest: City’s red-light cameras constitutional (access required)

A vehicle owner served with a notice of violation, which cited a no-stop right turn on red with photo and video evidence, did not show that her constitutional rights were violated either by the city red-light-camera ordinance or its authorizing ...

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Va. Cir.: No prejudice resulted from plea agreement withdrawal (access required)

Despite the defendant’s previous waiver of a preliminary hearing related to drug charges against him, he was not entitled to enforcement of an alleged oral plea agreement with a new prosecutor in his case. Background Defendant Sophann Mao was arrested ...

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Va. Cir.: Misdemeanor conviction bars felony records expungement (access required)

Possession of marijuana with intent to distribute – a misdemeanor – is a lesser-included offense of the felony of distribution of more than half an ounce but less than 5 pounds of marijuana. A petitioner convicted of the misdemeanor was ...

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