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Tag Archives: Virginia Circuit Courts

No forfeiture if only one joint owner convicted (access required)

Where the commonwealth seized property allegedly connected with marijuana distribution, the forfeiture action is dismissed. The property is held by a married couple as tenants by the entirety and only one of the tenants was convicted of a marijuana distribution ...

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Alleged paramour’s existing information must be disclosed (access required)

Where wife counterclaimed for a divorce on grounds of adultery, husband’s alleged paramour cannot claim a Fifth Amendment privilege in response to a civil subpoena duces tecum for existing personal, private information, even if such information is incriminating. However, the ...

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Alleged abuse of daughters not grounds for cruelty (access required)

Where wife has counterclaimed for a divorce on grounds of cruelty, her allegations that husband sexually abused the parties’ daughters when they were minors, and the effect this had on wife, “do not constitute cruelty for purposes of divorce under ...

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Plaintiff’s former counsel disqualified as defense counsel (access required)

Where defense counsel previously represented plaintiff in corporate matters, consulted on protecting trade secrets, and drafted and enforced employment contracts and noncompete agreements, plaintiff’s motion to disqualify defense counsel in a trade secret matter is granted. Background The Morrison & ...

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Mother awarded sole legal custody after lengthy dispute (access required)

Where the parties have been litigating custody and visitation matters regarding their minor child since 2009, the court awards mother sole legal custody. The court further orders that mother is “the keyholder and tiebreaker as to any visitation dispute” and ...

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Leave to amend granted in contract breach case (access required)

Where a valid nonsuit was entered in plaintiff’s previous suit against a homeowners association, he has preserved his right to refile his case. Plaintiff is granted leave to amend his declaratory judgment count, or, in the alternative, to bring claims ...

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Defamation and emotional distress claims dismissed (access required)

Although all of the complained-of news reports fall within the statute of limitations, plaintiff’s defamation claims are dismissed because the statements are true and lack the necessary “sting” to be actionable defamation. Further, some of the statements are opinions. Plaintiff’s ...

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Arrest records expunged because charge was dismissed (access required)

Where petitioner seeks to have records of his arrest for “sexual battery” expunged, the petition is granted because the charges were eventually dismissed. Overview Petitioner was arrested on January 30, 2006, for misdemeanor sexual battery in violation of Code§ 18.2-267.4. ...

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