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Tag Archives: Virginia Circuit Courts

No forfeiture of $53K truck for $200 drug deal (access required)

The civil forfeiture of a truck valued at $53,000 that was used to unlawfully distribute $200 worth of cocaine would violate the Excessive Fines Clause of the Eighth Amendment and 14th Amendment’s Due Process Clause. Overview In the underlying criminal ...

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No substitute plaintiffs for cancelled LLC (access required)

The proposed substitute plaintiffs cannot continue a tax-refund suit as successors in interest of plaintiff, a voluntarily cancelled LLC, even though lease agreements authorized the would-be plaintiffs to pay property taxes and challenge assessments. Further, plaintiff lacks standing to continue ...

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Lee and Jackson statues are monuments and memorials (access required)

Statues erected in the city of Charlottesville of Civil War General Robert E. Lee and Lt. General Thomas Jonathon Jackson are “monuments or memorials,” as mentioned in Code § 15.2-1812, says a 16th Judicial Circuit Court judge. Plaintiffs moved for ...

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Commonwealth can sue lender despite arbitration clause (access required)

The commonwealth may pursue claims on behalf of borrowers to enforce the Virginia Consumer Protection Act despite the borrowers’ signed arbitration agreements with the lender. Overview Net Credit, an internet-based lender, made loan agreements with private borrowers. The Commonwealth has ...

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