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Tag Archives: Virginia Circuit Courts

Statements made after asking for counsel are suppressed (access required)

Statements defendant made after asserting his right to an attorney must be suppressed “with the exception of an unprompted comment … [defendant] made when one of the detectives entered the interview room and before the detective began speaking.” Background Defendant ...

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Sole proprietor not required to have workers’ comp insurance (access required)

A working owner of an unincorporated business is not an employee within the meaning of the Virginia Workers’ Compensation Act. Further, the business’ customers do not employ the business’ workers. As a result, the business owner was not required to ...

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Breach of duty and other claims move forward (access required)

In this case involving plaintiff, a body piercing service, and defendants, seven former employees and a newly formed competitor, defendant’s demurrers to claims of breach of fiduciary duty, statutory and common law conspiracy, conversion and a violation of the Computer ...

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No injunction to stop permit revocation (access required)

Where a city council revoked a nightclub’s conditional use permit after a shooting occurred on the premises, the nightclub will not be granted a preliminary injunction to prevent enforcement of the revocation. Background The Legacy Lounge obtained a conditional use ...

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Sole proprietor not ‘employee’ under workers’ comp law (access required)

A Virginia court has rejected an insurance company’s argument that the owner of an unincorporated cleaning business should be counted as an employee along with her two hired workers, thereby subjecting the business to the Virginia Workers Compensation Act, or ...

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Court can exceed 14-day sentence for absconding probationer (access required)

Where defendant committed three prior technical violations of his probation, the court is not limited to a 14-day sentence after defendant’s fourth technical violation – first-time absconding from probation. This is so despite language in the sentencing guidelines that seemingly ...

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Dead Man’s statute corroboration requirements (access required)

Where eight consolidated cases present opportunities to apply Virginia’s Dead Man’s statute, the court clarifies the statute’s corroboration requirements. Overview Estate of Lohman has been consolidated with Rosenthal/Bavely. The common thread is application of the Dead Man’s statute. “In Lohman, ...

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